Transport Act 1962
Transport Act 1962
Transport Act 1962
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Transport Act 1962
Public Act |
1962 No 135 |
|
Date of assent |
14 December 1962 |
|
Contents
An Act to consolidate and amend certain enactments of the General Assembly relating to motor vehicles, to road traffic, and to commercial transport services carried on by means of motor vehicles or harbour ferries
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Transport Act 1962.
(2)
Except where this Act otherwise provides, this Act shall come into force on the first day of May, nineteen hundred and sixty-three.
2 Interpretation
(1)
In this Act, unless the context otherwise requires,—
“Agricultural operations” means operations concerned directly with the management of a farm; and includes the transport on a road of the produce of a farm, farm implements, stock, or other requisites of any kind whatsoever for a farm where, and only where, they are transported from one part of a farm to another part of the same farm or from one farm to another adjoining farm which is owned or managed by the same person. For the purposes of this definition two farms shall be deemed to be adjoining if they are contiguous or are contiguous except for a separation by a river, stream, drain, canal, or other watercourse, or by a road, motorway, or railway:
“Agricultural tractor” means a tractor used exclusively for agricultural operations and not used on any road except when proceeding to or from a farm or when being inspected, serviced, or repaired:
“Agricultural trailer” means a trailer designed exclusively for agricultural operations and used on a road only when proceeding to or from a farm or when being inspected, serviced, or repaired:
“Articulated motor vehicle” means a motor vehicle consisting of a trailing unit attached permanently or temporarily to a tractive unit, so that part of the trailing unit is superimposed upon the tractive unit, and so that when the trailing unit is uniformly loaded not less than twenty per cent of the weight of its load is borne by the tractive unit:
“Carriage” includes haulage:
“Charges Appeal Authority” means the Transport Charges Appeal Authority appointed under this Act:
“Commissioner” means the Commissioner of Transport appointed under this Act; and includes any officer of the Department for the time being authorised by the Commissioner to exercise or perform any of the powers, duties, or functions of the Commissioner:
“Contract”, in relation to the carriage of passengers or goods or the letting of motor vehicles on hire by any transport service, means a contract in writing signed by the parties thereto for the carriage of any passenger or goods or the letting of a motor vehicle on hire (otherwise than under a hire-purchase agreement) on a specified occasion or on specified occasions or during a specified period; but does not include a contract which is evidenced by the issue of a ticket:
“Contract vehicle” means a motor vehicle carrying passengers for hire or reward under a contract expressed or implied for the use of the vehicle as a whole:
“Dealer” means a person who is carrying on business as a manufacturer of motor vehicles or as a dealer in motor vehicles:
“Department” means the Transport Department established by this Act:
“District” means a transport district, a goods-service district, a rental-service district, or a harbour-ferry service district, as the case may require:
“Driver’s licence” means a licence to drive a motor vehicle issued in accordance with the provisions of Part III of this Act; and in Parts III and IV of this Act the term “licence” means a driver’s licence:
“Fares” include sums payable in respect of a contract vehicle or a season ticket and any other charge of any nature for the carriage of passengers:
“Farmer” means a dairy or cattle farmer, pig farmer, sheep farmer, market gardener, orchardist, apiarist, nurseryman, poultry or egg producer, or grower of hops, peas, potatoes, tobacco, or other crops; and “farm” has a corresponding meaning:
“Goods” means all kinds of movable personal property, including animals and mails:
“Goods service” means the carriage of goods for hire or reward by means of a motor vehicle; and includes the letting on hire of a motor vehicle by a person who himself drives the vehicle or provides a driver therefor if during the hiring the vehicle is used for the carriage of goods; but, subject to the provisions of sections 109 and 114 of this Act, does not include the carriage of goods by the owner thereof (whether for hire or reward or not) by means of a motor vehicle:
“Goods-service vehicle” means a motor vehicle designed exclusively or principally for the carriage of goods:
“Harbour” means a harbour as defined in section 2 of the Harbours Act 1950 which is for the time being within the jurisdiction of a Harbour Board, or within the jurisdiction of a local authority or of the Governor-General in any case where the powers and duties of a Harbour Board are vested in any such authority or are exercisable by the Governor-General; and includes all tidal waters distant not more than thirty miles from the limits of any such harbour:
“Harbour ferry” means a vessel that engages within the limits of any harbour in the carriage for hire or reward of passengers or of goods:
“Harbour-ferry service” means a service for the carriage for hire or reward of passengers or of goods by means of a harbour ferry:
“Heavy motor vehicle” means a motor vehicle (other than a private motorcar) that with the load that it is for the time being carrying weighs more than two tons:
“Heavy traffic” means—
(a)
The use of any heavy motor vehicle; or
(b)
The use of any vehicle (whether a motor vehicle or not) that itself, or together with any thing or things being transported thereon, weighs more than two tons; or
(c)
Any other traffic declared to be heavy traffic by the Governor-General by Order in Council under subsection (4) of this section:
“Invalid carriage” means a vehicle drawn or propelled by mechanical power, and specially designed and constructed, and not merely adapted, for the use of persons suffering from a physical defect or disability and used exclusively by such persons:
“Licensing Appeal Authority” means the Transport Licensing Appeal Authority appointed under this Act:
“Licensing Authority” means a Licensing Authority constituted under this Act:
“Local authority” means a City Council, a Borough Council, a County Council, the Town Council in a town district not forming part of a county, or a Road Board:
“Minister” means the Minister of Transport:
“Motorcar” means a motor vehicle (other than a motor cycle or power cycle) designed exclusively or principally for the carriage of persons not exceeding nine in number inclusive of the driver:
“Motor cycle” means a motor vehicle running on two wheels, or on not more than three wheels when fitted with a side car; but does not include a power cycle:
“Motor vehicle” means a vehicle drawn or propelled by mechanical power; and includes a trailer; but does not include—
(a)
A vehicle running on rails; or
(b)
An invalid carriage; or
(c)
A trailer that is designed exclusively as part of the armament of any of Her Majesty’s Forces; or
(d)
A vehicle normally propelled by mechanical power while it is being temporarily towed without the use of its own power; or
(e)
A vehicle designed for amusement purposes and used exclusively within a place of recreation, amusement, or entertainment to which the public does not have access with motor vehicles; or
(f)
A pedestrian-controlled grass cutter:
“Multi-axled motor vehicle” means a motor vehicle specially designed or adapted so that the weight of the vehicle and its load is carried on three or more axles, and having not fewer than two wheels on each axle:
“Owner”, in relation to a motor vehicle, means the person lawfully entitled to possession thereof, except where—
(a)
The motor vehicle is subject to a bailment that is for a period not exceeding twenty-eight days; or
(b)
The motor vehicle is let on hire pursuant to the terms of a rental-service licence,—
in which cases “owner” means the person who, but for the bailment or letting on hire, would be lawfully entitled to possession of the motor vehicle; and “owned”
and “ownership”
have corresponding meanings:
“Passenger service” means the carriage of passengers for hire or reward by means of a motor vehicle; and includes the letting on hire of a motor vehicle by a person who himself drives the vehicle or provides a driver therefor if during the hiring the vehicle is used for the carriage of passengers, with or without goods:
“Passenger-service vehicle” means a motor vehicle used for the carriage of passengers for hire or reward, with or without goods:
“Power cycle” means—
(a)
A motor vehicle running on two wheels and fitted with a motor the total piston displacement of which does not exceed sixty cubic centimetres; or
(b)
A pedal tricycle that for alternative propulsion is fitted with a motor (whether detachable or not) the total piston displacement of which does not exceed sixty cubic centimetres:
“Private motorcar” means a motorcar that is not used, kept, or available for the carriage of passengers for hire or reward:
“Private station wagon” means a station wagon that is used exclusively in one or more of the following ways:
(a)
By any person for private, domestic, pleasure, or farming purposes:
(b)
By any person for his carriage between his residence and any one place of his own business or calling:
(c)
In connection with the work of any public or private hospital, or any charitable, benevolent, or religious organisation, or any trade union or other incorporated organisation representing employees, by or on behalf of the authority controlling the hospital or trade union or organisation:
(d)
By a school teacher in connection with school activities otherwise than for hire or reward:
(e)
By a medical practitioner for the purposes of his profession:
“Public body”, for the purposes of Part VII of this Act, means a City Council, a Borough Council, a County Council, a Town Council, or a Hospital Board; and includes the Auckland Transport Board, the Christchurch Transport Board, and any other incorporated body declared by the Governor-General, by Order in Council gazetted, to be a public body for the purposes of Part VII of this Act:
“Quarter” means a period of three months ending with the last day of March, June, September, or December in any year:
“Quarter day” means the first day of March, June, September, or December in any year:
“Registrar” and “Deputy Registrar” mean respectively the Registrar of Motor Vehicles and a Deputy Registrar of Motor Vehicles appointed under this Act:
“Registration plate” means a registration plate for a motor vehicle issued under section 10 of this Act: and includes a dealer’s plate issued under section 22 of this Act:
“Rental service” means a service for the letting of a motor vehicle on hire (otherwise than under a hire-purchase agreement or under a bailment that is for a period exceeding six months) for the carriage of passengers (including the driver) or of goods or both to a person who himself drives the vehicle or provides a driver therefor:
“Road” includes a street; and also includes any place to which the public have access, whether as of right or not; and also includes all bridges, culverts, ferries, and fords forming part of any road, street, or place as aforesaid; but does not include a motorway within the meaning of the Public Works Amendment Act 1947:
“Service” or “transport service” means a passenger service, goods service, rental service, or harbour-ferry service to which this Act applies, whether by virtue of this Act or by virtue of any Order in Council or declaration by the Minister made pursuant thereto:
“Station wagon” means a motor vehicle which, though designed principally for the carriage of goods, has a permanently constructed body with two or more windows along each side and one or more rear doors and provides seating accommodation alongside and behind the driver comparable with that of a motorcar, but so that the total number of persons (inclusive of the driver) that the vehicle is designed to carry does not exceed nine:
“Taxicab” means a motor vehicle—
(a)
Designed exclusively or principally for the carriage of persons not exceeding eight in number, inclusive of the driver; and
(b)
Used for hire or reward for the carriage of passengers otherwise than on defined routes; and
(c)
Available for hire to any member of the public:
“Taxicab service” means a passenger service carried on by means of a taxicab or taxicabs used as such:
“Traction engine” means a motor vehicle propelled by steam power and designed for use on roads and not for the carriage thereon of goods or of passengers other than the driver:
“Tractor” means a motor vehicle (not being a traction engine) designed exclusively for the purposes of traction, and not for the carriage thereon of goods or of passengers other than the driver:
“Traffic officer” means a traffic officer who is an officer of the Transport Department or of a local authority; and includes any other person whose appointment as a traffic officer is approved by the Minister:
“Trailer” means a vehicle without motive power that is capable of being drawn or propelled by a motor vehicle from which it is readily detachable, but does not include—
(a)
A side car attached to a motor cycle; or
(b)
Unless the Minister otherwise determines by notice in the Gazette in respect of any specified vehicle or of vehicles of any specified type or description, a vehicle forming part of a multi-axled motor vehicle; or
(c)
A vehicle normally propelled by mechanical power while it is being temporarily towed without use of its own power:
“Transport licence” means a passenger-service licence, a taxicab-service licence, a goods-service licence, a rental-service licence, or a harbour-ferry service licence, as the case may require:
“Trolley omnibus” means an electrically propelled passenger-service vehicle that normally derives its power from an external source:
“Use”, in relation to a vehicle, includes driving, drawing, or propelling by means of another vehicle, and permitting to be on any road; and “to use” has a corresponding meaning:
“Vehicle” means a contrivance equipped with wheels or revolving runners upon which it moves or is moved:
“Weight”, in relation to an axle, means that portion of the weight of a vehicle and its load, including any equipment or accessories, which is transmitted to the road surface by the tyre or tyres on the wheels which are attached to the axle.
(2)
Except in proceedings for an offence against this Act or any regulations under this Act, if any question arises whether any vehicle is designed as a motorcar, a station wagon, a goods-service vehicle, or any other type of motor vehicle for the purposes of this Act or of any regulations under this Act, that question shall be determined by the Commissioner.
(3)
Where two or more wheels of a motor vehicle are substantially in the same line transversely and some or all of them have separate axles, the axles of all those wheels shall for the purposes of this Act and of any regulations under this Act be deemed to be one axle.
(4)
The Governor-General may from time to time, by Order in Council, declare any traffic to be heavy traffic for the purposes of this Act, and may in like manner vary or revoke any such Order in Council.
Compare: 1949, No. 7, s. 2; 1950, No. 51, ss. 2, 8, 11(2); 1954, No. 70, ss. 2, 3, 4(1); 1955, No. 102, ss. 2, 3, 14; 1958, No. 53, s. 2; 1959, No. 105, ss. 2, 3(1); 1960, No. 92, s. 2(3)
Part I Administration
3 Transport Department
(1)
There shall be a Department of State, to be called the Transport Department.
(2)
Subject to the control of the Minister, this Act shall be administered in the Department.
(3)
The Department shall have such other functions as may from time to time be lawfully conferred upon it.
Compare: 1949, No. 7, s. 5
4 Commissioner of Transport and other officers
(1)
There shall from time to time be appointed under the State Services Act 1962 a Commissioner of Transport, and such other officers of the Department as may be deemed necessary. The Commissioner shall be the administrative head of the Department.
(2)
There may from time to time be appointed from officers of the Department a fit person to be the deputy of the Commissioner.
(3)
On the occurrence from any cause of a vacancy in the office of the Commissioner (whether by reason of death, resignation, or otherwise), and in case of the illness, absence, or temporary incapacity of the Commissioner (from whatever cause arising), and so long as the vacancy, illness, absence, or temporary incapacity continues, the deputy shall have and may exercise all the powers, duties, and functions of the Commissioner.
(4)
The fact that any officer of the Department exercises or performs any power, duty, or function of the Commissioner shall, in the absence of proof to the contrary, be sufficient evidence of his authority to do so, and no person shall be concerned to inquire whether the occasion requiring or authorising him to do so has arisen or has ceased.
Compare: 1949, No. 7, s. 6
5 Inquiries for purposes of transport coordination
(1)
The Minister may from time to time make, or appoint any other person to make, such inquiries as he thinks necessary or expedient for the purpose of securing the improvement, coordination, development, and better regulation and control of all means of and facilities for transport and all matters incidental thereto.
(2)
For the purposes of this section the provisions of the Commissions of Inquiry Act 1908 shall, as far as they are applicable and with the necessary modifications, apply as if the Minister and every person appointed by him under this section were a Commission of Inquiry appointed under that Act.
(3)
No person shall be deemed to be employed in the service of Her Majesty for the purposes of the State Services Act 1962 or of the Superannuation Act 1956 by reason of his having been appointed to make inquiries under subsection (1) of this section.
Compare: 1949, No. 7, s. 7
Part II Registration and Licensing of Motor Vehicles
6 “Licensing year”
defined
In this Part of this Act the expression “licensing year”
means a period of twelve months ending with the thirtieth day of June in any year.
Compare: 1949, No. 7, s. 14
Registration and Licensing of Motor Vehicles
7 Motor vehicles to be registered and to have registration plates and annual licences
(1)
Except as expressly provided otherwise in this Part of this Act or in regulations under this Act, no person shall in any licensing year use any motor vehicle on any road, or permit any motor vehicle to be so used, unless—
(a)
The motor vehicle is registered in accordance with this Part of this Act; and
(b)
Registration plates for the motor vehicle and a licence to use the motor vehicle for that licensing year have been issued in accordance with this Part of this Act, and are affixed to the motor vehicle in the prescribed manner; and
(c)
The full amount of the insurance premium under Part VI of this Act payable in respect of that motor vehicle for that licensing year has been paid.
(2)
Where any person is charged with an offence against paragraph (b) of subsection (1) of this section alleged to have been committed during the first seven days of any licensing year, it shall be a defence if the defendant satisfies the Court that—
(a)
At the time of the alleged offence registration plates for the motor vehicle and a licence to use the motor vehicle for the immediately preceding licensing year were affixed to the motor vehicle in the prescribed manner; and
(b)
Before that time an application for a licence to use the motor vehicle for the current licensing year together with the prescribed form of nomination of an insurance company for the purposes of Part VI of this Act and the appropriate fee and insurance premium had been forwarded to a Deputy Registrar; and
(c)
The licence had not been received from the Deputy Registrar.
(3)
Nothing in subsection (1) of this section shall apply with respect to any trailer that is the property of a Harbour Board, or with respect to any tractor that is the property of a Harbour Board and is used exclusively for drawing a trailer that is the property of that Harbour Board.
(4)
Nothing in subsection (1) of this section shall apply with respect to any agricultural trailer that is for the time being drawn or propelled by an agricultural tractor that complies with the requirements of that subsection.
(5)
Every person who uses a motor vehicle in contravention of this section, or who permits any motor vehicle to be so used, commits an offence and is liable to a fine not exceeding twenty pounds for every day on which the motor vehicle has been so used.
(6)
The fact that any motor vehicle is used on any road without having registration plates or an annual licence affixed thereto in the prescribed manner shall be sufficient evidence, until the contrary is proved, that the motor vehicle has not been registered or licensed, as the case may be, in accordance with this Part of this Act.
(7)
The provisions of this section relating to the affixing to a motor vehicle, in the prescribed manner, of registration plates for the vehicle and a licence to use the vehicle shall not apply to a motor vehicle while it is being used in vehicular races or trials on a road which, pursuant to regulations made under paragraph (u) of subsection (1) of section 77 of this Act, is closed to ordinary vehicular traffic for the purpose of holding those races or trials.
(8)
Subsection (4) of this section shall come into force on the first day of July, nineteen hundred and sixty-three.
Compare: 1949, No. 7, s. 15
8 Registrar of Motor Vehicles, and Deputy Registrars
(1)
There shall be a Registrar of Motor Vehicles.
(2)
The Registrar shall appoint such Deputy Registrars of Motor Vehicles as may from time to time be required.
(3)
The Registrar and the Deputy Registrars shall be officers of the Government Service.
(4)
The offices of Registrar and of Deputy Registrar shall, so far as practicable, having regard to efficiency and to the convenience of the public, be held by members of the Post Office or otherwise concurrently with other offices in the Government Service.
(5)
The duties of the Registrar and the Deputy Registrars shall be such as are prescribed by this Act and by regulations made under this Act.
Compare: 1949, No. 7, s. 16
9 Applications for registration
(1)
Application for the registration of any motor vehicle shall be made in the prescribed form by the owner of that motor vehicle to any Deputy Registrar.
(2)
Except as provided in subsection (3) of this section, every application under this section shall be accompanied by the appropriate registration fee, that is to say:
(a)
For any tractor or trailer or power cycle, a fee of one pound:
(b)
For any other motor vehicle, a fee of two pounds.
(3)
No fee shall be payable in respect of the registration of any agricultural tractor or of any trailer that is drawn or propelled exclusively by an agricultural tractor.
(4)
Every application for the registration of a motor vehicle shall be accompanied by or combined with an application for a licence for the motor vehicle.
(5)
Every application for the registration of a motor vehicle shall contain a statement of the milage recorded on the milage recorder (if any) of the vehicle.
(6)
Every person commits an offence who—
(a)
In any application for the registration of a motor vehicle makes an incorrect statement as to the milage recorded on the milage recorder (if any) of the vehicle; or
(b)
Alters any milage recorder of a motor vehicle so as to reduce the milage recorded thereon.
(7)
Every person commits an offence who makes application for the registration of a motor vehicle which has been previously registered under this Part of this Act or the corresponding provisions of any former Act and the registration of which is still in force.
(8)
Section 14 of the Summary Proceedings Act 1957 shall not apply with respect to a prosecution for an offence against subsection (7) of this section.
Compare: 1949, No. 7, s. 17; 1953, No. 116, s. 4(1); 1954, No. 70, s. 4(2); 1955, No. 102, s. 4
10 Issue of registration certificate and plates
(1)
On receipt of an application for the registration of any motor vehicle under this Part of this Act, the Deputy Registrar, if satisfied that the application is in order, shall assign a number or distinguishing mark to be shown on the registration plates to be affixed to the motor vehicle, and shall issue to the applicant registration plates for the motor vehicle and a certificate of registration of the motor vehicle. Each motor vehicle shall have affixed thereto such number of registration plates as may be prescribed.
(2)
Unless the registration is cancelled in accordance with this Part of this Act, the registration of any motor vehicle shall continue in force without renewal, but a new number or distinguishing mark may be assigned to the motor vehicle whenever new registration plates are issued for it.
Compare: 1949, No. 7, s. 18
Annual Licences for Motor Vehicles
11 Annual licences
(1)
Licences for motor vehicles in the prescribed form shall be issued for each licensing year, and shall be affixed to the motor vehicles in the prescribed manner.
(2)
Without limiting the power to prescribe any other form of licence, regulations may be made under section 199 of this Act providing that licences for any licensing year shall take the form of new registration plates, and in every such case the new registration plates issued in respect of any motor vehicle shall be deemed for the purposes of this Part of this Act to be a licence to use the motor vehicle in that licensing year, and all the provisions of this Part of this Act relating to licences for motor vehicles shall apply to those new registration plates accordingly.
(3)
Except as provided in section 22 of this Act, no licence shall be issued for any motor vehicle that is not for the time being duly registered under this Part of this Act.
Compare: 1949, No. 7, s. 19
12 Applications for licences for motor vehicles
(1)
Application for a licence for any motor vehicle shall be made in the prescribed form by the owner of that motor vehicle to any Deputy Registrar.
(2)
Subject to the provisions of section 13 of this Act, there shall be paid by the owner of the motor vehicle, on making application for a licence therefor, the appropriate annual fee prescribed in the First Schedule to this Act.
(3)
In the case of a licence issued for a period less than a year the fees prescribed by this section shall be reduced by one-twelfth thereof for every complete month by which that period is less than a year.
(4)
Every person commits an offence who—
(a)
Uses any motor vehicle for which an annual licence fee has been paid which is lower than the licence fee payable for motor vehicles of that class; or
(b)
Permits any motor vehicle to be so used.
Compare: 1949, No. 7, s. 20; 1953, No. 116, s. 4(4); 1954, No. 70, ss. 3(3)(a), 4(3); 1955, No. 102, ss. 5, 20(1)
13 Exemptions from annual licence fees for motor vehicles
(1)
The following motor vehicles shall be exempt from the payment of annual licence fees under section 12 of this Act, namely:
(a)
Motor vehicles (other than motorcars or motor cycles) owned by the Crown, the National Roads Board, a local authority, the Auckland Transport Board, or the Christchurch Transport Board, and used exclusively or principally in connection with the construction or maintenance of roads or motorways:
(b)
Such other motor vehicles as may be exempted from the payment of annual licence fees by or pursuant to an Order in Council under subsection (2) of this section.
(2)
The Governor-General may from time to time, by Order in Council, exempt from the payment of annual licence fees any specified motor vehicle or any specified class of motor vehicles, and may in like manner vary or revoke any such Order in Council. Any such Order in Council may delegate to the Minister authority to exempt from the payment of annual licence fees any specified motor vehicle or any specified class of motor vehicles.
(3)
The licence and registration plates issued for any motor vehicle exempted from the payment of annual licence fees by virtue of this section shall exhibit such general distinguishing mark or distinguishing marks as may be prescribed; and the Registrar shall keep under section 16 of this Act a special register of all motor vehicles so exempted.
Compare: 1949, No. 7, s. 21; 1951, No. 69, s. 40(5); 1953, No. 118, s. 43(3)
14 Issue of licences for motor vehicles
(1)
On receipt of an application for a licence for any motor vehicle and of the prescribed fee (if any) in respect thereof, the Deputy Registrar, if satisfied that the application is in order, and subject to the provisions of section 81 of this Act, shall issue the appropriate licence for the motor vehicle.
(2)
Except as provided in subsection (3) of this section, no local authority shall be entitled to charge any fee in respect of any motor vehicle, or of the use of any motor vehicle on any road.
(3)
Nothing in this section shall exempt any person from any charge made by or pursuant to any Act in respect of heavy traffic, or from any tolls on roads or charges for ferries.
Compare: 1949, No. 7, s. 22
15 Unauthorised, deceptive, or obscured registration plates or unauthorised licence
Every person commits an offence who—
(a)
Affixes or causes to be affixed to any motor vehicle any registration plate or licence which is not authorised by this Act or by regulations thereunder, and which is likely to be mistaken for any authorised registration plate or licence; or
(b)
In any licensing year affixes or causes to be affixed to any motor vehicle any licence not being a licence issued for that motor vehicle for that licensing year or authorised to be used on that motor vehicle in that licensing year; or
(c)
Uses any motor vehicle while any registration plate or licence affixed to the motor vehicle in accordance with this Part of this Act is in any way obscured, or is rendered or allowed to become not easily distinguishable, whether by night or by day.
Compare: 1949, No. 7, s. 23
Registers of Motor Vehicles
16 Registers of motor vehicles
(1)
Every Deputy Registrar shall, on the issue of a certificate of registration of a motor vehicle or of registration plates or a licence for a motor vehicle, notify the Registrar of the issue.
(2)
The Registrar shall keep a general register of all motor vehicles, registration plates, and licences for motor vehicles and such other registers as may be prescribed or as he considers necessary.
(3)
Any of the contents of any such register may in any proceedings (whether under this Act or any other Act) be proved by the production of a certificate as to those contents purporting to be signed by the Registrar or by a Deputy Registrar and to be impressed with his official stamp.
Compare: 1949, No. 7, s. 24; 1955, No. 102, s. 6
17 Details of registers to be supplied to applicants
(1)
Any person shall, on making application to the Registrar or to a Deputy Registrar, be entitled to a certificate containing the particulars of all persons recorded in any register kept pursuant to section 16 of this Act as being or having been the registered owner of any specified motor vehicle. Every application under this subsection shall be accompanied by a fee of two shillings.
(2)
Any person shall, on making application to the Registrar or to a Deputy Registrar, be entitled to a certificate containing the name and address of the registered owner of a specified motor vehicle. Every application under this subsection shall be accompanied by a fee of one shilling.
(3)
Any officer or servant of the Crown or of a local authority or of an automobile association shall, on making application to the Registrar or to a Deputy Registrar, be entitled to a certificate containing the name and address of the registered owner of a specified motor vehicle where the information is required in the course of his official duties. No fee shall be payable in respect of any application under this subsection.
Compare: 1949, No. 7, s. 25
18 Notification of change of ownership of motor vehicle
(1)
Within seven days after the sale or other disposition of any kind whatsoever of any registered motor vehicle the person selling or otherwise disposing of it shall, in the prescribed form, notify a Deputy Registrar of the sale or other disposition, of the name and address of the new owner, the milage recorded on the milage recorder (if any) of the vehicle, and of such other particulars as may be prescribed.
(2)
For the purposes of subsection (1) of this section the following provisions shall apply:
(a)
Where a motor vehicle which is subject to a hire-purchase agreement is repossessed under the terms of that agreement, the vehicle shall by its repossession be deemed to have been sold or otherwise disposed of by the vendor under that agreement:
(b)
Where a motor vehicle is sold or otherwise disposed of in enforcing any lien or charge or pursuant to any distress warrant or writ of execution, the vehicle shall by that sale or other disposition be deemed to have been sold or otherwise disposed of by the holder of the lien or charge or by the bailiff or sheriff, as the case may be:
(c)
Where any change in the ownership of a motor vehicle takes place by operation of law, the vehicle shall by that change of ownership be deemed to have been sold or otherwise disposed of by the person so acquiring the ownership of that vehicle:
(d)
Where a motor vehicle is sold under the provisions of section 76 of this Act, the vehicle shall be deemed to have been sold by the local authority or, as the case may be, by the National Roads Board.
(3)
Every notice given pursuant to this section shall be accompanied by the certificate of registration of the motor vehicle to which the notice applies, save that in any case to which subsection (2) of this section applies, the Deputy Registrar may, in his discretion, waive production of the certificate.
(4)
In any case to which paragraph (b) or paragraph (c) or paragraph (d) of subsection (2) of this section applies, the notice given pursuant to this section shall be accompanied by a statutory declaration by the person giving the notice setting out in a form provided or approved by the Deputy Registrar the circumstances of the change of ownership.
(5)
Where the Deputy Registrar has waived production of the certificate of registration under the provisions of this section, he shall notify the Registrar, who shall make an entry thereof in the appropriate register and endorse a memorandum thereof on the duplicate certificate of registration issued by him.
(6)
Subject to the provisions of this section, the Deputy Registrar shall endorse on the certificate of registration or, in any case where he has waived production of that certificate, on a duplicate certificate issued for that purpose,—
(a)
The name and address of the new owner;
(b)
The milage on the milage recorder (if any) of the vehicle as stated in the notice of sale or other disposition of the motor vehicle; and
(c)
Such other particulars as may be prescribed of the change of ownership of the motor vehicle to which the notice applies,—
and on the endorsement of those particulars shall issue the certificate or duplicate certificate to the new owner or his authorised agent.
(7)
A fee of ten shillings shall be payable for every endorsement of those particulars, and the fee shall accompany the notice of change of ownership.
(8)
No particulars of any change of ownership shall be endorsed on the certificate of registration unless the notice of the change is signed by the person required by this section to notify the change of ownership and the endorsement fee has been paid.
(9)
Every person commits an offence who in any notice under this section of the sale or other disposition of a motor vehicle makes an incorrect statement as to the milage recorded on the milage recorder (if any) of the vehicle.
(10)
No person who becomes the owner of a motor vehicle pursuant to any sale or other disposition as aforesaid shall use that vehicle on any road or permit it to be so used, unless he or his authorised agent has received the certificate of registration or a duplicate thereof duly endorsed with a memorandum of the change of ownership:
Provided that no person shall be deemed to have committed a breach of this subsection where the provisions of subsection (1) of this section have been complied with in respect of the sale or other disposition of the motor vehicle.
(11)
Except where the provisions of subsection (9) of this section apply, every person commits an offence who, with respect to any motor vehicle, fails to comply with any of the provisions of this section or does any act in contravention thereof, and is liable to a fine not exceeding ten pounds, and, in the case of failure to comply with any such provision, to a further fine not exceeding ten pounds for every day on which the vehicle has been used while that failure continues.
Compare: 1949, No. 7, s. 26
19 Cancellation of registration on destruction or permanent removal of motor vehicle
(1)
If any registered motor vehicle is destroyed, or becomes permanently useless as a motor vehicle, or is removed permanently beyond New Zealand, the owner of the motor vehicle shall forthwith give to a Deputy Registrar notice of its destruction, condition, or removal, as the case may be, and shall deliver to the Deputy Registrar the certificate of registration of the motor vehicle, and if practicable, the registration plates issued for the motor vehicle and the licence (if any) issued for the motor vehicle for the then current licensing year. The Deputy Registrar shall thereupon send the notice to the Registrar, who shall cancel the registration of the motor vehicle.
(2)
If the Registrar is satisfied that any motor vehicle has by reason of accident been destroyed or become wholly unfit for further use as such, or that any motor vehicle has been permanently removed from New Zealand, he may, without further appropriation than this section, refund or cause to be refunded out of the Post Office Account such sum as in his discretion he thinks proper, not exceeding one-twelfth of the annual fee for every complete month between the date of the accident or the date of removal from New Zealand, as the case may be, and the end of the period for which the licence fee has been paid. Any adjustment as between the Post Office Account and the National Roads Fund that may be rendered necessary by reason of any refund made pursuant to this subsection may be made without further authority than this subsection.
(3)
Every person commits an offence who gives any notice under subsection (1) of this section which is false in any material particular.
Compare: 1949, No. 7, ss. 20(2), 27(1), (2)
20 Cancellation of registration for not renewing licence for motor vehicle
(1)
If no licence is issued for any registered motor vehicle for any licensing year, the Registrar, at any time after the expiration of that year, but before any licence is issued for the motor vehicle for any subsequent licensing year, may cancel the registration of the motor vehicle.
(2)
Upon the cancellation under the provisions of this section of the registration of a motor vehicle, any person in possession of the registration plates shall when required by the Registrar surrender those plates to the Registrar or to any person authorised by him.
Compare: 1949, No. 7, s. 27(3), (4)
21 No licence for deregistered vehicle until reregistered
Where the registration of a motor vehicle has been cancelled, an annual licence shall not thereafter be issued in respect of that vehicle, unless and until it is again registered and the prescribed registration fee is paid.
Compare: 1949, No. 7, s. 27(4)
Special Provisions as to Dealers in Motor Vehicles
22 Dealers’ plates and licences
(1)
Any dealer may make application in the prescribed form to a Deputy Registrar for one or more sets of special registration plates (in this section referred to as dealers’ plates), for use in accordance with this section. Every such application shall be accompanied by the prescribed fee.
(2)
Any dealer to whom dealers’ plates have been issued may make application in the prescribed form for a special licence (in this section referred to as a dealer’s licence) in respect of any such set of dealers’ plates for use in a specified licensing year in accordance with this section.
(3)
Every dealer’s plate or dealer’s licence shall be in such form as may be prescribed. Without limiting the power to prescribe any other form of licence, regulations may be made under section 199 of this Act providing that dealers’ licences in any licensing year shall take the form of new dealers’ plates, and in every such case all dealers’ plates previously issued shall be deemed to have been cancelled, and every new set of dealers’ plates issued in that licensing year shall be deemed to be a dealer’s licence for that year for the purposes of this section.
(4)
Every application for a dealer’s licence under this section shall be accompanied by the appropriate fee for each dealer’s licence applied for, that is to say,—
(a)
For a dealer’s licence for use on a motor cycle or power cycle, a fee of two pounds:
(b)
For a dealer’s licence for use on any other motor vehicle, a fee of three pounds.
(5)
On receipt of an application under this section and of the prescribed fee, the Deputy Registrar, if satisfied that the applicant is a dealer and that the application is in order, and subject to the provisions of section 81 of this Act, shall issue to the applicant the dealers’ plates or licences applied for.
(6)
Any dealer or any person authorised by a dealer in that behalf in writing may in any licensing year use any motor vehicle on any road, notwithstanding that the motor vehicle is not registered under this Part of this Act and that it does not have affixed thereto registration plates or a licence issued for that motor vehicle, if—
(a)
The motor vehicle is held by the dealer for the purposes of sale or for the purposes of his business as a dealer or for the purpose of being serviced or repaired, whether or not it is at any time used for any other purpose; and
(b)
At all times while the motor vehicle is in use there is affixed to it in the prescribed manner dealers’ plates for motor vehicles of the class to which that motor vehicle belongs and a dealer’s licence in respect of those plates issued to the dealer under this section for that licensing year.
Compare: 1949, No. 7, s. 28; 1950, No. 51, s. 13; 1953, No. 116, s. 4(3)
Fees and Charges
23 Application of fees and charges
(1)
Except as provided in subsection (2) of this section, all fees and charges received on behalf of the Crown under this Part of this Act shall be paid into the Public Account to the credit of the National Roads Fund.
(2)
There shall be paid into the Post Office Account—
(a)
All money received in respect of charges made for supplying registration plates or licences to denote the registration or annual licensing of motor vehicles:
(b)
All fees received in respect of applications for certificates as to the particulars recorded in any register kept under this Part of this Act.
Compare: 1949, No. 7, s. 34; 1953, No. 116, s. 5(1)
Regulations
24 Regulations as to registration and licensing
Without limiting the general power to make regulations conferred by section 199 of this Act, regulations may be made under that section for all or any of the following purposes:
(a)
Regulating the registration of motor vehicles and the issue of registration plates and licences therefor, and requiring the owners of motor vehicles to furnish from time to time all such particulars as may be required for that purpose:
(b)
Requiring any person who sells a motor vehicle that is intended to be used on the road and was manufactured more than twenty years before the date of sale, or any specified class of any such motor vehicles, to produce to the Deputy Registrar with the notice of change of ownership a current certificate of fitness or warrant of fitness issued within a specified time before the sale and certifying that the vehicle has been inspected in accordance with the regulations made under this Act and complies with the requirements of the regulations concerning construction, equipment, and condition of motor vehicles:
(c)
Providing for the proper recording of particulars supplied as aforesaid, for the alteration of any register for the purpose of correcting errors, and for the cancellation of certificates of registration of motor vehicles or for the return of registration plates and licences issued under this Part of this Act in cases where default is made in furnishing any particulars required as aforesaid or where incorrect particulars have been furnished or where certificates of registration or registration plates or licences have been issued in error:
(d)
Prescribing forms of registration plates and licences, the size, shape, and character of the numbers or distinguishing marks to be shown thereon, the number of registration plates to be affixed to each motor vehicle, the charges to be made for the registration plates and licences, the mode in which the registration plates and licences are to be affixed, and the means to be adopted to render them easily distinguishable, whether by night or by day:
(e)
Providing for the exemption, either wholly or partially, and either unconditionally or upon or subject to such conditions as may be prescribed by or in accordance with the regulations, of persons visiting New Zealand from overseas, or of their motor vehicles, or of any classes of such persons or motor vehicles, from any of the requirements of this Part of this Act or of regulations made under this section, and delegating to the Minister power to grant any such exemption:
(f)
Prescribing forms of applications, certificates, permits, identification marks, and other forms that may be required for the purposes of this Part of this Act, and prescribing also the conditions on which duplicates of or substitutes for any registration plate or licence, or any certificate, permit, or other document may be issued, and the fees to be paid in respect of the issue of any such duplicate or substitute:
(g)
Providing generally for facilitating the identification of motor vehicles, and in particular requiring numbers or other distinguishing marks to be stamped, engraved, or otherwise marked on any specified part or parts thereof.
Compare: 1949, No. 7, s. 35(a)–(c), (g)–(i)
Part III Licensing of Drivers of Motor Vehicles
25 Unlicensed persons not to drive motor vehicles
(1)
No person shall—
(a)
Drive a motor vehicle on any road, unless he is the holder of a licence for the time being in force which authorises him to drive such a motor vehicle; or
(b)
Employ or permit any other person to drive a motor vehicle on any road, unless that other person is the holder of a licence for the time being in force which authorises him to drive such a motor vehicle.
(2)
Where any person (hereinafter referred to as the learner) is while driving a motor vehicle accompanied by a person seated alongside him who is an approved testing officer for motor drivers and is engaged in testing the learner for the issue or an extension of a driver’s licence, or who is the holder of a licence for the time being in force which authorises him to drive such a motor vehicle and is engaged in teaching the learner to drive,—
(a)
The learner shall be deemed not to act in contravention of paragraph (a) of subsection (1) of this section; and
(b)
The testing officer or any person employing or permitting the learner to drive the motor vehicle shall be deemed not to act in contravention of paragraph (b) of that subsection:
Provided that nothing in this subsection shall apply where the learner has not attained the age that qualifies him to obtain a licence to drive the motor vehicle that he is being taught to drive, or is subject to an order which disqualifies him from driving that vehicle.
Compare: 1949, No. 7, s. 29
26 Issue of drivers’ licences and extensions of licences
(1)
Any local authority, on receipt of a fee of five shillings for each licensing year for which the licence is issued, may issue a driver’s licence to any person who satisfies the local authority that he is qualified in accordance with this Act and with any regulations under this Act to be the holder of a licence to drive the class or classes of motor vehicles specified in the licence.
(2)
Any local authority may grant an extension of any driver’s licence, where the holder of the licence satisfies the local authority that he is qualified in accordance with this Act and with any regulations under this Act to be the holder of a licence to drive the class or classes of motor vehicles in respect of which the extension is applied for.
(3)
The holder of a driver’s licence shall not apply for or obtain another licence while the licence so held by him is in force.
(4)
A driver’s licence shall not be issued to any person who is under the age of fifteen years, and any licence issued to a person under that age shall be of no effect.
(5)
Except as may be otherwise provided by this Part of this Act or by regulations under this Act, a driver’s licence shall be operative throughout New Zealand, and shall remain in force until the end of the licensing year in which it takes effect or, at the option of the holder, the end of the first or second or third or fourth licensing year after the licensing year in which the licence takes effect, and shall then expire.
(6)
Nothing in this section shall be deemed to authorise the issue to any person of a licence having effect in any licensing year after the year in which it is issued, if pursuant to regulations under this Act an application by that person for a licence for that licensing year would require to be accompanied by a medical certificate.
(7)
Where during the currency of a driver’s licence the holder is granted an extension thereof authorising him to drive the class or classes of motor vehicles specified in the extension and the application for the extension is pursuant to regulations under this Act required to be accompanied by a medical certificate, the licence shall expire at the end of the licensing year in which the extension was granted.
(8)
The driver of any motor vehicle shall produce his driver’s licence for inspection whenever required to do so by any constable or traffic officer. The driver shall be deemed to have complied with this subsection if, within seven days after having been so required to produce his licence, he produces it at a place specified by the constable or traffic officer.
(9)
Where any applicant for a licence or an extension of a licence is required to undergo any practical driving test on the ground that he has not previously or within a prescribed period been the holder of a licence granted in New Zealand of the class applied for, there shall be payable by the applicant a testing fee of five shillings, which shall be additional to the fee prescribed by subsection (1) of this section and shall be payable whether or not a licence or an extension is granted to him.
(10)
The testing fee shall be paid to the local authority to which the application for the licence or extension is made, and, where the driving test is carried out by an employee of the Crown, shall, when so paid, constitute a debt due to the Crown by the local authority.
(11)
Nothing in subsection (9) of this section shall apply with respect to a licence issued by the Commissioner to any member of the armed forces who is required for the purpose of any of the forces to drive a motor vehicle.
(12)
In this section the term “licensing year” means a period of twelve months ending with the thirtieth day of June in any year.
Compare: 1949, No. 7, ss. 14, 30; 1952, No. 81, s. 28; 1953, No. 24, s. 3
27 Fees for drivers’ licences payable to local authorities
All fees payable under this Part of this Act to any local authority in respect of drivers’ licences shall form part of the general funds of that local authority.
Compare: 1949, No. 7, s. 33
28 Licences of mentally defective persons to be suspended
(1)
Where any person in respect of whom a reception order is made under the Mental Health Act 1911 is at the date of the order the holder of a driver’s licence, that licence shall be deemed to be suspended from the date of the order until such time as that person ceases to be an inmate of an institution under that Act.
(2)
A driver’s licence which is suspended under subsection (1) of this section shall be held in the custody of the Medical Superintendent of the institution in which the holder of the licence is an inmate. Every person having the possession of any such licence shall deliver it to the Medical Superintendent upon demand.
(3)
Where, on the discharge from an institution of any person to whom this section applies, the Medical Superintendent considers that person to be unfit to hold a driver’s licence, the Medical Superintendent shall forward to the Commissioner a certificate to that effect together with that person’s driver’s licence, which shall thereupon be deemed to be revoked. The Commissioner shall send notice of the revocation to the local authority which issued the licence.
Compare: 1949, No. 7, s. 32
29 Regulations as to drivers’ licences
Without limiting the general power to make regulations conferred by section 199 of this Act, regulations may be made under that section for all or any of the following purposes:
(a)
Providing, either generally or with respect to any particular locality or localities, or with respect to any particular class or classes of motor vehicles, for the examination and testing of applicants for drivers’ licences or extensions of licences or of any class of such applicants; and prescribing the persons or classes of persons by whom the examinations and tests are to be conducted, and the conditions upon or subject to which licences or extensions may be granted:
(b)
Providing for the granting of different classes of drivers’ licences, and prescribing the effect of licences of each class:
(c)
Providing for the granting of extensions of drivers’ licences:
(d)
Providing for the special examination and testing of holders of drivers’ licences in any case where it is considered by the Commissioner to be necessary in the interests of public safety, and for the revocation of their licences if the holders refuse or neglect to submit to the examination or testing, or if they are found, whether as a result of examination or testing or otherwise, to be for any reason unfit to continue to hold their licences, subject to a right of appeal against such revocation to a Magistrate, whose decision shall be final; and prescribing the time and the manner in which appeals may be made:
(e)
Providing, notwithstanding anything in this Part of this Act, for the issue by the Commissioner at a fee of one shilling of drivers’ licences to any member of the armed forces who is required for the purposes of any of those forces to drive motor vehicles, and applying to those licences any of the provisions of this Part of this Act and of any regulations made pursuant to any other provision of this section:
(f)
Providing, notwithstanding anything in this Part of this Act, for the issue by local authorities at a fee of five shillings for the period prescribed of provisional licences authorising the holder to drive a motor cycle only, and applying to those licences, with such modifications as may be considered necessary, any of the provisions of this Part of this Act and of any regulations made pursuant to any other provision of this section:
(g)
Providing for the exemption, either unconditionally or upon or subject to such conditions as may be prescribed by or in accordance with the regulations, of any person who is a visitor to New Zealand from overseas from any of the requirements of this Act with respect to a licence to drive a motor vehicle, and delegating to the Minister power to grant any such exemption:
(h)
Prescribing forms of drivers’ licences and other forms that may be required for the purposes of this Part of this Act:
(i)
Providing for the issue by the Commissioner of certificates of approval to persons engaged for reward in teaching motor-vehicle driving, and prescribing the conditions (including conditions as to the competency and character of applicants for or holders of such certificates) upon or subject to which those certificates may be issued or revoked.
Compare: 1949, No. 7, s. 35(d), (f), (ff), (fff); 1950, No. 51, s. 16; 1958, No. 53, s. 6
Part IV Disqualification of Drivers and Endorsement of Drivers’ Licences
Disqualification of Drivers
30 Offences for which offender liable to disqualification from driving
Where a person is convicted of—
(a)
An offence specified in Part I of the Third Schedule to this Act; or
(b)
An offence specified in Part II of the Third Schedule to this Act and was at the time of the commission of the offence the driver or person in charge of a motor vehicle,—
then, subject to any provision of this Act by which disqualification for a minimum period is obligatory or by which a maximum period of disqualification is fixed, the Court, in its discretion, may order him to be disqualified from holding or obtaining a driver’s licence for such period from the date of the conviction as the Court thinks fit.
Compare: 1927, No. 35, ss. 32, 79a; 1949, No. 7, s. 31(1); 1952, No. 50, s. 44a; 1955, No. 102, s. 8; 1956, No. 57, s. 4; 1958, No. 53, s. 3(1)(a); 1960, No. 119, s. 4; 1961, No. 45, s. 6(1)
31 Offences for which disqualification is obligatory, unless for special reasons Court orders otherwise
Where a person is convicted of an offence specified in Part III of the Third Schedule to this Act, then (without prejudice to the power of the Court to order a longer period of disqualification), the Court shall order him to be disqualified from holding or obtaining a driver’s licence for the period specified in that Part with respect to that offence, unless the Court for special reasons thinks fit to order otherwise.
Compare: 1949, No. 7, ss. 31(1), (10a), 41; 1955, No. 102, s. 8; 1958, No. 53, ss. 3(2), 4
32 Offences for which disqualification is obligatory, unless Court in its discretion orders otherwise
Where a person isconvicted of an offence specified in Part IV of the Third Schedule to this Act, then (without prejudice to the power of the Court to order a longer period of disqualification), the Court shall order him to be disqualified from holding or obtaining a driver’s licence for the period specified in that Part with respect to that offence, unless the Court in its discretion thinks fit to order otherwise.
Compare: 1949, No. 7, ss. 31(3), 41a; 1953, No. 24, s. 9; 1955, No. 102, s. 8; 1958, No. 53, s. 3(1)(b), (c)
33 Application of disqualification provisions where offender is already a disqualified person
(1)
Where a person disqualified from holding or obtaining a driver’s licence commits while so disqualified—
(a)
An offence specified in Part I of the Third Schedule to this Act; or
(b)
An offence specified in Part II of the Third Schedule to this Act and was at the time of the commission of the offence the driver or person in charge of a motor vehicle,—
not being also an offence specified in Part III or Part IV of that Schedule, the Court, on convicting him for that offence, may, notwithstanding that the period of the earlier disqualification has not terminated, order him to be disqualified as aforesaid in accordance with the provisions of this Act for that offence after the period of the earlier disqualification terminates.
(2)
Where a person disqualified from holding or obtaining a driver’s licence commits while so disqualified an offence specified in Part III of the Third Schedule to this Act, the Court, on convicting him for that offence, unless for special reasons it thinks fit to order otherwise, and notwithstanding that the period of the earlier disqualification has not terminated, shall make an order that the offender shall continue to be disqualified as aforesaid for not less than the period specified in that Part in respect of that offence after the period of the earlier disqualification terminates.
(3)
Where a person disqualified from holding or obtaining a driver’s licence commits while so disqualified an offence specified in Part IV of the Third Schedule to this Act, the Court, on convicting him for that offence, unless in its discretion it thinks fit to order otherwise, and notwithstanding that the period of the earlier disqualification has not terminated, shall make an order that the offender shall continue to be disqualified as aforesaid for not less than the period specified in that Part in respect of that offence after the period of the earlier disqualification terminates.
Compare: 1949, No. 7, s. 31(10a); 1958, No. 53, s. 4
34 Disqualification on application by local authority or insurance company or Commissioner of Police or Commissioner of Transport
(1)
If it is satisfied that the safety of the public is unduly endangered, the Court, on an application made in accordance with the provisions of this section, may make an order disqualifying any person from holding or obtaining a driver’s licence for such period as the Court thinks fit.
(2)
An application under this section may be made by—
(a)
Any local authority, whether or not the licence with respect to which the application is made has been issued by that authority; or
(b)
Any insurance company which has in accordance with Part VI of this Act entered into a contract with the holder of the licence as owner of a motor vehicle; or
(c)
The Commissioner of Police; or
(d)
The Commissioner of Transport.
(3)
Every application under this section shall be made by way of complaint under the Summary Proceedings Act 1957, and shall be determined by a Magistrate’s Court presided over by a Magistrate, and may in the discretion of the Magistrate be heard in open Court or in chambers.
Compare: 1949, No. 7, s. 32a; 1955, No. 102, s. 9(1)
General Provisions with Respect to Disqualification Orders
35 Partial exemption from disqualification order
(1)
This section applies with respect to any person who is disqualified by an order made under this Part of this Act from holding or obtaining a driver’s licence or was so disqualified by an order made before the commencement of this Act under the provisions of any former Act.
(2)
Subject to the provisions of subsection (7) of this section, on the making of the order of disqualification or at any time thereafter, the Court, on the application of any person to whom this section applies, may, subject to the provisions of this section, make an order authorising him to obtain, immediately or after the expiration of such period as the Court may specify, a driver’s licence authorising him to drive only for the purposes of his occupation or employment such kind or kinds of motor vehicle, and no other, as the Court specifies.
(3)
If the order to which any such application relates has been made by a Magistrate’s Court, the application shall be made to a Magistrate exercising jurisdiction in the Court by which the order was made.
(4)
If any application under this section is refused, a further application in respect of the same order shall not be entertained if made within three months after the date of that refusal.
(5)
If the Court makes an order under this section, any local authority may, notwithstanding anything in this Act to the contrary but otherwise subject to the provisions of this Act, issue to the person entitled thereto a licence to drive in accordance with the terms of the order the kind of motor vehicle specified in the order, and no other.
(6)
Where application is made for a licence which the applicant is authorised to obtain by an order under this section, any licence of which he was the holder at the time the disqualification order was made shall be deemed to be cancelled.
(7)
Where the order of disqualification was made upon conviction for an offence against section 39, subsection (2) of section 55, or section 58 of this Act, no order may be made under this section and no application may be made for such an order before the expiration of the time specified in relation to that offence by subsection (2) of section 42 of this Act.
Compare: 1949, No. 7, s. 41(1), (1a); 1958, No. 53, s. 3(2); 1959, No. 105, s. 4(1)
36 Court may direct period of disqualification to commence later than date of order
Notwithstanding anything in this Act to the contrary, the Court by which an order is made disqualifying a person from holding or obtaining a driver’s licence may direct that the period of disqualification so ordered shall commence on a date later than the date of the order.
Compare: 1949, No. 7, s. 31(5); 1955, No. 102, s. 8
37 Effect of disqualification
Where the holder of a driver’s licence is disqualified by an order of a Court from holding or obtaining a licence, the licence shall be deemed to be suspended so long as the disqualification continues in force, and during the period of suspension shall be of no effect.
Compare: 1949, No. 7, s. 31(6); 1955, No. 102, s. 8
38 Disqualified person not to apply for or obtain driver’s licence while disqualified
Every person commits an offencewho applies for or obtains a driver’s licence which he is disqualified by an order of a Court from obtaining, and any such licence so obtained shall be of no effect.
Compare: 1949, No. 7, s. 31(9); 1955, No. 102, s. 8
39 Driving while disqualified or in breach of order for partial disqualification
(1)
Every person commits an offence who—
(a)
Drives a motor vehicle on any road while he is disqualified from holding or obtaining a licence authorising him to drive that vehicle; or
(b)
Being the holder of a licence issued to him pursuant to an order made under section 35 of this Act, drives on any road any motor vehicle to which the licence applies otherwise than in accordance with the terms of the order authorising the issue of the licence.
(2)
Every person who commits an offence against this section is liable to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds.
Compare: 1949, No. 7, ss. 31(10), (10a), 41(1a); 1955, No. 102, s. 8; 1958, No. 53, s. 4; 1959, No. 105, s. 4(1)
40 Appeals against disqualification orders
(1)
Any person who is by an order of a Magistrate’s Court disqualified from holding or obtaining a driver’s licence may appeal against the order to the Supreme Court, and in any such case the provisions of Part IV of the Summary Proceedings Act 1957 shall, with the necessary modifications, apply, and pending the appeal the Magistrate’s Court may, if it thinks fit, defer the operation of the order.
(2)
Where any person appeals to the Court of Appeal against an order of the Supreme Court disqualifying him from holding or obtaining a driver’s licence, the Supreme Court may defer the operation of the order pending the appeal.
(3)
If any such appeal to the Supreme Court or Court of Appeal is allowed, whether in whole or in part, the Registrar of the Supreme Court shall send notice thereof to the Commissioner and also to the local authority which issued the licence (if any).
(4)
In determining the expiration of the period for which a person is disqualified from holding or obtaining a licence, any time during which the operation of the disqualification order is deferred under this section shall be disregarded.
Compare: 1949, No. 7, ss. 31(7), (8), 32a(6); 1955, No. 102, ss. 8(1), 9(1)
41 Retention and custody of licence of disqualified driver
Where by an order of a Court the holder of a driver’s licence is disqualified from holding or obtaining a licence, the Court shall, on production of the licence for endorsement, retain the licence and forward it to the local authority by which the licence was issued, or, in the case of a licence issued by the Commissioner to a member of the armed forces to the Commissioner, and the local authority or the Commissioner, as the case may be, shall keep the licence until the disqualification has expired or been removed and the person entitled to the licence has made a demand in writing for its return to him.
42 Removal of disqualification
(1)
Subject to the provisions of this section, any person who by order of a Court is disqualified from holding or obtaining a driver’s licence may, from time to time, apply to the Court by which that order was made to remove the disqualification, and on any such application the Court may, having regard to the character of the applicant and his conduct subsequent to the order, the nature of the offence, and any other circumstances of the case, either by order remove the disqualification as from such date as may be specified in the order or refuse the application or treat the application as one made under section 35 of this Act and make an order accordingly under that section.
(2)
No such application shall be made—
(a)
Before the expiration of two years from the date of the order, in any case where the order was made upon a second or subsequent conviction of that person for an offence against subsection (2) of section 55 of this Act or against section 58 of this Act; or
(b)
Before the expiration of twelve months from the date of the order, in any case where the order was made upon a first conviction of that person for an offence against subsection (2) of section 55 of this Act or against section 58 of this Act; or
(c)
Before the expiration of six months from the date of the order in any other case.
(3)
For the purposes of subsection (2) of this section, a conviction for an offence against a corresponding provision of any former Act shall be deemed to be a conviction for an offence against subsection (2) of section 55 of this Act or against section 58 of this Act, as the case may require.
(4)
Where any such application is refused, a further application shall not be entertained if it is made within three months after the date of that refusal.
(5)
Where the disqualification was ordered by a Magistrate’s Court, every application under this section shall be made to a Magistrate exercising jurisdiction in the Court where the order was made.
Compare: 1949, No. 7, s. 31(11); 1955, No. 102, s. 8(1); 1958, No. 53, s. 5
43 Particulars of disqualification orders and of removal of disqualifications to be sent to Commissioner and to local authority
Where a Court makes an order disqualifying a person from holding or obtaining a driver’s licence, or an order under section 35 of this Act granting partial exemption from a disqualification order, or an order under section 42 of this Act removing any disqualification, particulars of the order shall be sent by the Registrar of the Court to the Commissioner and to the local authority by which the licence (if any) of the defendant was issued.
Compare: 1949, No. 7, s. 31(12); 1955, No. 102, ss. 8(1), 9(1)
Endorsement of Drivers’ Licences
44 Offences for which offender liable to have licence endorsed
Where a person is convicted of—
(a)
An offence specified in Part I of the Third Schedule to this Act; or
(b)
An offence specified in Part II of the Third Schedule to this Act and was at the time of the commission of the offence the driver or person in charge of a motor vehicle,—
then, subject to any provision of this Act by which endorsement for a minimum period is obligatory, the Court, in its discretion, may order that particulars of the conviction shall be endorsed on any driver’s licence then held by him and on every driver’s licence that may thereafter be issued to him within such continuous period as the Court thinks fit, not exceeding three years from the date of the conviction.
Compare: 1949, No. 7, s. 31(1); 1955, No. 102, s. 8(1)
45 Endorsement obligatory on disqualification
Where the Court orders a person to be disqualified from holding or obtaining a driver’s licence, particulars of the order and, if that person is disqualified as aforesaid on conviction for an offence specified in Part I or Part II of the Third Schedule to this Act, particulars of the conviction shall be endorsed in accordance with the provisions of clause 1 of Part V of the Third Schedule to this Act on any licence then held by him and on any licence that may thereafter be issued to him.
Compare: 1949, No. 7, ss. 31(1)(c)(i), 32a(3); 1955, No. 102, s. 9(1)
46 Offences for which endorsement obligatory unless the Court orders otherwise
(1)
This section applies where a person convicted of an offence specified in Part I of the Third Schedule to this Act is not on that conviction disqualified from holding or obtaining a driver’s licence and that offence is an offence—
(a)
Which is also specified in Part III of that Schedule; or
(b)
Which relates to duties he is required to observe while driving a motor vehicle and which is not a first or second offence consisting solely of exceeding any limit of speed.
(2)
Where this section applies, particulars of the conviction shall be endorsed in accordance with the provisions of clause 2 of Part V of the Third Schedule to this Act on the driver’s licence (if any) of the person convicted and on every licence that may thereafter be issued to him, unless the Court in its discretion thinks fit to order otherwise.
Compare: 1949, No. 7, s. 31(1)(c)(ii); 1955, No. 102, s. 8(1)
47 Endorsement where disqualification removed
Where a Court orders the removal of any disqualification,—
(a)
Particulars of the removal order shall be endorsed on the driver’s licence (if any) held by the applicant at the time the disqualification order was made:
(b)
The Court may order particulars of the removal order to be endorsed on any licence that may thereafter be issued to the applicant within such continuous period, not exceeding three years from the date of that order, as the Court thinks fit.
Compare: 1949, No. 7, s. 31(12); 1955, No. 102, s. 8(1)
48 Endorsement in case of partial exemption from disqualification
Where the Court makes an order under section 35 of this Act, particulars of the order shall be endorsed on any driver’s licence issued in accordance with that order.
Compare: 1949, No. 7, s. 41(1a); 1958, No. 53, s. 3(2); 1959, No. 105, s. 4(2)
49 Failing to supply particulars of endorsement to local authority or Commissioner
Where—
(a)
Any particulars are ordered or directed to be endorsed on any driver’s licence held by or issued to any person; and
(b)
That person—
(i)
At any time thereafter while the order or direction is operative applies for or obtains a driver’s licence without giving to the local authority or the Commissioner, as the case may be, particulars of the order or direction; or
(ii)
At any time after the order or direction has ceased to be operative, having been required by a local authority or the Commissioner to supply particulars of the order or direction, applies for or obtains a driver’s licence without supplying those particulars to the local authority or the Commissioner,—
he commits an offence, and any licence so obtained shall be of no effect.
Compare: 1949, No. 7, ss. 31(9), 32a(3); 1955, No. 102, ss. 8, 9
50 Making of endorsements
(1)
Every person whose driver’s licence is required by any provision of this Act or by order of any Court to be endorsed with any particulars shall, where he is the holder of a licence on the date on which that provision becomes applicable or, as the case may be, the date of the making of the order, produce his licence to the Court, for the purposes of endorsement, not later than seven days after that date.
(2)
Where any particulars are required to be endorsed on any driver’s licence issued to any person who on the date specified in subsection (1) of this section was not the holder of a licence, and subsequently, during the period when any licence issued to him is required to be endorsed, that person applies to a local authority or the Commissioner for a driver’s licence, the local authority or the Commissioner shall send the licence to the Registrar of the Court by which the order for endorsement was made for those particulars to be endorsed thereon, and shall not issue the licence until those particulars have been so endorsed.
(3)
Any endorsement by the Court may be made by the Registrar or a Deputy Registrar of the Court.
(4)
If the licence on which particulars are required to be endorsed by the Court is in the custody of a local authority or the Commissioner, the Clerk of the local authority or the Commissioner, as the case may be, shall make the licence available for production to the Court for endorsement.
(5)
On the issue by a local authority or the Commissioner of a new licence to any person, the particulars endorsed on any previous licence held by him shall be endorsed on the new licence by the local authority or by the Commissioner, as the case may be, unless the applicant has become entitled to have the licence issued to him free from endorsement.
(6)
No person shall remove from any licence any endorsement made under this section, or obliterate, erase, alter, or add to any endorsement made on any licence under this section.
Compare: 1949, No. 7, ss. 31(4), 32a(3), (5); 1955, No. 102, ss. 8(1), 9(1)
51 Particulars of endorsements to be sent to local authority or Commissioner
Where any particulars are endorsed by the Court on a licence, a copy of the particulars shall be sent by the Court to the local authority by which the licence was granted, or to the Commissioner in the case of a licence granted by the Commissioner. If at the time any particulars are required to be endorsed by the Court on a licence of any person who is not the holder of a licence issued by a local authority, a copy of the particulars shall be sent to the Commissioner.
Compare: 1949, No. 7, s. 31(2); 1955, No. 102, s. 8(1)
Part V Road Traffic
52 Speed limit of thirty miles an hour in cities, boroughs, town districts, etc
(1)
Notwithstanding anything to the contrary in any other enactment or in any bylaw, but subject to the provisions of this section and of section 53 of this Act, no person shall drive any motor vehicle at a speed exceeding thirty miles an hour on any road in any city or borough or town district or in any other locality that is for the time being declared by the Minister, by notice published in the Gazette, to be a closely populated locality for the purposes of this section. In every locality in respect of which a declaration is in force under this subsection the speed limit fixed by this section shall be indicated by such signs to be erected by such persons as may be prescribed.
(2)
The Minister may from time to time, by notice published in the Gazette, exclude any road in any city or borough or town district from the limitation as to speed imposed by subsection (1) of this section.
(3)
Any notice published by the Minister under subsection (1) or subsection (2) of this section may be at any time in like manner varied or revoked.
(4)
Nothing in this section shall operate to make lawful, in respect of any place for which a limit of speed lower than that fixed by this section is duly fixed, any speed in excess of that lower limit.
Compare: 1949, No. 7, s. 36
53 Exemption from speed limits of police, traffic officers, and ambulance and fire-brigade drivers
It shall be a defence to any person charged with driving a motor vehicle at a speed in excess of any speed limit fixed under this Act or under any other enactment or under any bylaw, if he proves that at the time of the alleged offence he was driving a motor vehicle—
(a)
Used as an ambulance fitted with a siren or bell, and being at the time used on urgent ambulance service; or
(b)
Conveying a constable or traffic officer in the execution of urgent duty, if compliance with the speed limit would be likely to prevent or hinder the execution of that duty; or
(c)
Used by a fire brigade for attendance at fires and being at the time used on urgent fire-brigade service.
Compare: 1949, No. 7, s. 37
54 Compliance with speed limit not a defence to other charges
It shall be no defence in any proceedings for an offence relating to the use of a motor vehicle on any road, other than the offence of exceeding any speed limit, that at the time of the alleged offence the motor vehicle was being driven at a speed not exceeding any limit of speed duly fixed in respect of that road.
Compare: 1949, No. 7, s. 38
55 Causing bodily injury or death through reckless or dangerous driving or driving while under the influence of drink or drugs
(1)
Every person commits an offence who causes bodily injury to or the death of any person by the driving of a motor vehicle recklessly or at a speed or in a manner which, having regard to all the circumstances of the case, is dangerous to the public or to any person.
(2)
Every person commits an offence who, while under the influence of drink or a drug to such an extent as to be incapable of having proper control of the vehicle, is in charge of a motor vehicle and by an act or omission in relation thereto causes bodily injury to or the death of any person.
(3)
Every person who commits an offence against this section is liable, on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine not exceeding five hundred pounds.
(4)
It shall be no defence to an indictment for the crime of manslaughter that the guilty act or omission proved against the person charged upon the indictment is an act or omission constituting an offence under this section.
Compare: 1949, No. 7, s. 39; 1950, No. 51, s. 17; 1953, No. 24, s. 6(1); 1957, No. 87, s. 214(1)
56 Causing bodily injury or death through careless use of motor vehicle
(1)
Every person commits an offence, and is liable to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds, who causes bodily injury to or the death of any person by carelessly using a motor vehicle.
(2)
It shall be no defence to an indictment for the crime of manslaughter that the guilty act or omission proved against the person charged upon the indictment is an act or omission constituting an offence against this section.
57 Reckless or dangerous driving
Every person commits an offence, and is liable to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds, who, on any road,—
(a)
Recklessly drives a motor vehicle; or
(b)
Drives a motor vehicle at a speed which, having regard to all the circumstances of the case, is or might be dangerous to the public or to any person; or
(c)
Drives a motor vehicle in a manner which, having regard to all the circumstances of the case, is or might be dangerous to the public or to any person.
Compare: 1949, No. 7, s. 40
58 Driving while under influence of drink or drugs
Every person commits an offence, and is liable to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds, who, while under the influence of drink or a drug to such an extent as to be incapable of having proper control of the vehicle, drives or attempts to drive a motor vehicle on any road.
Compare: 1949, No. 7, s. 40; 1953, No. 24, s. 7
59 Being in charge of motor vehicle while under influence of drink or drugs
Every person commits an offence who—
(a)
While under the influence of drink or a drug to such an extent as to be incapable of having proper control of the vehicle, is in charge of a motor vehicle on any road, but not so as to be liable for conviction for an offence under subsection (2) of section 55 or section 58 of this Act; and
(b)
Having been required by a constable or traffic officer to deliver up all ignition or other keys of the vehicle that are in his possession, has failed to comply forthwith with that requirement.
Compare: 1949, No. 7, s. 40a; 1953, No. 24, s. 8(1)
60 Careless or inconsiderate use of motor vehicle
Every person commits an offence who uses a motor vehicle on any road carelessly or without reasonable consideration for other persons using the road.
Compare: 1949, No. 7, s. 46; 1958, No. 53, s. 3(3)
Miscellaneous Provisions with Respect to Motor Driving
61 Names of drivers under influence of drink or drugs not to be suppressed
The power of prohibiting the publication of the names of accused persons or of reports or accounts of their arrest, trial, conviction, or release on probation conferred upon any Court by section 46 of the Criminal Justice Act 1954 or by any other enactment shall not be exercisable in respect of any person who is convicted of an offence against subsection (2) of section 55 of this Act or an offence against section 58 of this Act.
Compare: 1949, No. 7, s. 42; 1953, No. 24, s. 6(3)
62 Arrest of drivers under influence of drink or drugs
Any constable or traffic officer who has good cause to suspect that any person has committed an offence against subsection (2) of section 55, section 58, or section 59 of this Act may arrest that person without warrant.
Compare: 1949, No. 7, s. 44; 1953, No. 24, ss. 6(4), 8(2)
63 Constable or traffic officer may forbid incapable person to drive, etc.
(1)
Where a constable or traffic officer believes on reasonable grounds that any person who is for the time being in charge of a motor vehicle is, by reason of physical or mental condition, however arising, incapable of having proper control of the vehicle, and that in all the circumstances of the case the direction or prohibition or action is necessary in the interests of that person or of any other person or of the public, he may—
(a)
Forbid that person to drive any motor vehicle for such period as the constable or traffic officer specifies:
(b)
Take possession of all ignition or other keys of the vehicle, and for that purpose require that person to deliver up forthwith all such keys in his possession:
(c)
Take such steps as may be necessary to render the vehicle immobile or to remove it to a place of safety.
(2)
Every person commits an offence who fails to comply with any direction given to him under subsection (1) of this section or does any act that is for the time being forbidden under that subsection.
Compare: 1949, No. 7, s. 44a; 1953, No. 24, s. 10
64 Compulsory stopping of certain vehicles at railway crossings
(1)
Subject to the provisions of this section, the driver of a motor vehicle (not being a taxicab) that is for the time being used on any road for—
(a)
The carriage of passengers for hire or reward (whether with or without goods); or
(b)
The carriage of explosives; or
(c)
The carriage of inflammable liquid in bulk or in containers any of which has a capacity of forty gallons or more or, where the greater part of the load consists of inflammable liquid, in smaller containers—shall, before entering on any railway level crossing, stop clear of the line for such time as may be necessary to make adequate observations to ascertain whether or not the line is clear.
(2)
The provisions of subsection (1) of this section shall not apply to any railway level crossing that is for the time being controlled on the approach to the railway line by a constable or traffic officer or railway-crossing keeper, or to any railway level crossing at which a warning device in the form of barrier arms is for the time being erected.
(3)
The Minister may from time to time, by notice in the Gazette, declare that nothing in this section shall apply with respect to any railway line or portion of a railway line or any road or portion of a road or any railway level crossing or class of railway level crossing specified in the notice.
(4)
In this section—
“Explosives” has the same meaning as in the Explosives Act 1957:
“Inflammable liquid” includes motor spirits; and also includes any other liquid the container or outer package of which is required, pursuant to regulations made under the Dangerous Goods Act 1957, to be labelled with a label indicating that the liquid is highly inflammable:
“Railway line” means a Government railway line, whether open for traffic or not, or a railway line to which the District Railways Act 1908 or the Local Railways Act 1914 applies; but does not include a tramway to which the Tramways Act 1908 applies.
(5)
Nothing in this section shall derogate from the provisions of section 64 of the Government Railways Act 1949.
Compare: 1949, No. 7, s. 46a; 1953, No. 24, s. 11; 1953, No. 116, s. 12
65 Duties of motor drivers in cases of accidents
(1)
Where an accident arising directly or indirectly from the use of a motor vehicle occurs to any person or to any vehicle or to any horse in the charge of any person, the driver of the motor vehicle shall stop, and shall also ascertain whether any person has been injured, in which event it shall be his duty to render all practicable assistance to the injured person.
(2)
In the case of any such accident (whether any person has been injured thereby or not), the driver of the motor vehicle shall, if required, give to any constable or traffic officer or to any person concerned his name and address and also the name and address of the owner and the number on the registration plates assigned to the motor vehicle.
(3)
If the accident involves injury to any person, the driver shall report the accident in person at the nearest police station or to a constable as soon as reasonably practicable, and in any case not later than twenty-four hours after the time of the accident, unless the driver is incapable of doing so by reason of injuries sustained by him in the accident.
(4)
Every driver who fails to comply with any obligation imposed on him by subsection (1) of this section in any case where any other person is injured in the accident commits an offence, and is liable on conviction on indictment to imprisonment for a term not exceeding five years or to a fine not exceeding five hundred pounds.
(5)
Every driver who fails to comply with any obligation imposed on him by subsection (1) of this section in any case where no other person is injured in the accident commits an offence, and is liable to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds.
(6)
Every person commits an offence who fails to comply with any obligation imposed on him by subsection (2) or subsection (3) of this section.
(7)
In this section the term “injury”
includes death; and “injured”
has a corresponding meaning.
Compare: 1949, No. 7, s. 47; 1953, No. 24, s. 12
66 On demand by constable or traffic officer driver of motor vehicle to stop and give name and address
(1)
The driver of a motor vehicle shall stop at the request or signal of a constable in uniform or of a traffic officer wearing a distinctive cap, hat, or helmet with a badge of authority affixed thereto, and on demand shall give him his name and address, and, if he is not the owner of the vehicle, shall also give the name and address of the owner.
(2)
Any driver who on demand fails to stop, or refuses to give any such name or address, commits an offence, and may be arrested by any constable without warrant.
Compare: 1949, No. 7, s. 48
67 Owner or hirer to give information as to identity of driver
On being informed of any offence alleged to have been committed by the driver of a motor vehicle while in charge thereof (whether the offence is an offence against this Act or any other enactment or any bylaw) and on being requested so to do by a constable or traffic officer, whether orally or in writing, the owner of that vehicle, and also, in the case of a vehicle let on hire, the person to whom it is let on hire, shall give all information in his possession or obtainable by him which may lead to the identification and apprehension of the driver.
Compare: 1949, No. 7, s. 49
68 Traffic improvement schools
(1)
Where any person is convicted of an offence against this Part of this Act or of any other offence (whether against this Act or any other enactment or any bylaw) in connection with the driving of a motor vehicle, the Court, whether or not it imposes any other penalty in respect of the offence, may order that person to attend for such period as the Court specifies a course of instruction at a traffic improvement school conducted by a local authority or the Department.
(2)
Where any person who has been ordered under subsection (1) of this section to attend a course of instruction completes the course to the satisfaction of the person conducting the course on behalf of the local authority or the Department, as the case may be, the local authority or the Department, as the case may be, shall issue to him a certificate to that effect.
(3)
Every person commits an offence who, having been ordered under subsection (1) of this section to attend a course of instruction,—
(a)
Fails to attend the course in accordance with the order; or
(b)
Fails to comply with the reasonable directions of the person conducting the course on behalf of the local authority or the Department, as the case may be.
Heavy Traffic
69 Limitation of weight of motor vehicles for use on road
(1)
Subject to the provisions of section 70 of this Act, it shall not be lawful to use on any road—
(a)
Any motor vehicle (not being a multi-axled motor vehicle or a trailer), if the weight on any one axle of the vehicle exceeds eight tons; or
(b)
Any multi-axled motor vehicle or any trailer, if the weight on any one axle of the vehicle—
(i)
In the case of any axle which is eight feet or more distant from any other axle, exceeds eight tons; or
(ii)
In the case of any axle of the tractive unit of an articulated motor vehicle where the distance between the two axles is less than eight feet but more than six feet, exceeds eight tons; or
(iii)
In the case of any other axle, exceeds six tons.
(2)
For the purposes of this section, where the longitudinal centre line of any axle of a motor vehicle is less than three feet four inches distant from the longitudinal centre line of another axle, then the two axles shall be deemed to be one (in this subsection referred to as a dual axle.) For the purposes of measuring the distance of any dual axle from any other axle, the measurement shall be taken from the longitudinal centre line of that one of the two axles comprising the dual axle which is nearer to the axle from which the distance is to be measured.
Compare: 1949, No. 7, s. 50; 1950, No. 51, s. 18; 1960, No. 92, s. 2(1)
70 Permission to use overweight vehicles
The Commissioner may from time to time give written permission, whether unconditionally or upon or subject to such conditions as he thinks fit, for the use on any road, for such period as he thinks fit, of any motor vehicle or such kind of motor vehicle as is specified by him, notwithstanding that the weight (laden or unladen) of any vehicle to which this section applies exceeds the maximum weight prescribed by section 69 of this Act. Any such permission given by the Commissioner, and any such permission given by the Minister before the commencement of this Act under the provisions of section 51 of the Transport Act 1949, may at any time be varied or revoked by the Commissioner.
Compare: 1949, No. 7, s. 51
71 Restriction of heavy traffic on roads
(1)
The Governor-General in the case of a Government road, the National Roads Board in the case of a State highway the control of which has not been delegated to a local authority under section 13 of the National Roads Act 1953, and the local authority in the case of any road under its control, may from time to time, by public notice, direct that any heavy traffic, or any specified kind of heavy traffic defined in the notice, shall not proceed between any two places by way of any road or roads specified in the notice.
(2)
A copy of every notice under this section shall be displayed in at least one prominent position on every road to which the notice applies.
(3)
Every person commits an offence who contravenes the requirements of any notice under this section, unless he proves that there was no other way reasonably available for the traffic concerned.
Compare: 1949, No. 7, s. 52
Bylaws
72 Bylaws as to the use of roads
(1)
Subject to section 13 of the National Roads Act 1953, and to the provisions of this Act or of any other enactment in respect of any of the matters referred to in this subsection, any Minister of the Crown in respect of any roads under his control, or any local authority in respect of any roads under its control, may from time to time make bylaws for any of the following purposes:
(a)
Providing for the weighing or measurement of loads of vehicles, or for the computation of the weight or measurement of loads from the cubical or superficial measurements thereof; prescribing what quantity of any material shall for the purpose of such computation be conclusively deemed to be a specified weight or measurement; and providing for the drivers of vehicles giving such information as to the loads thereof and as to the quantity, weight, size, or measurement of the loads, or doing such things for the purpose of enabling the same to be ascertained, as may be requested by any person authorised in that behalf:
(b)
Regulating the weights of vehicles or loads that may pass over bridges or culverts:
(c)
Prohibiting, either absolutely or conditionally, the crossing of any bridge or culvert by horses, cattle, sheep, pigs, or other animals, and regulating the times at which or the manner in which any vehicles, horses, cattle, sheep, pigs, or other animals may cross or be taken over any bridge or culvert:
(d)
Prescribing the routes by which and the times at which horses, cattle, sheep, pigs, or other animals, or specified classes of vehicles may pass over any such roads; and prohibiting the driving of loose horses, cattle, sheep, pigs, or other animals along any such road, otherwise than at the times and by the routes so prescribed, except with the permission of the said Minister or of the local authority, as the case may be, and on such conditions as the said Minister or the local authority, as the case may be, thinks fit:
(e)
Providing for the giving and taking of security by or from any person that no special damage will occur to any road, bridge, culvert, ferry, or ford by reason of any heavy traffic thereon:
(f)
Prohibiting any specified class of heavy traffic that has caused or is likely to cause serious damage to any road unless the cost of reinstating the road, as estimated by the said Minister or the local authority, as the case may be, is previously paid:
(g)
Providing for the annual or other payment of any reasonable sum by any person concerned in any heavy traffic by way of compensation for any damage likely to occur therefrom to any road, bridge, culvert, ferry, or ford:
(h)
Providing for the establishment in accordance with the provisions in that behalf of the Public Works Act 1928, the Municipal Corporations Act 1954, the Counties Act 1956, or any other Act, of a toll to be levied on any class of heavy traffic:
(i)
Prohibiting or restricting absolutely or conditionally any specified class of traffic (whether heavy traffic or not):
(j)
Fixing, for the safety of the public or for the better preservation of the road, the maximum speed of vehicles or of specified classes of vehicles on any road:
(k)
Prohibiting or restricting, subject to the erection of the prescribed signs, the stopping or parking of vehicles on any road:
(l)
Prescribing fines, not exceeding fifty pounds, for the breach of any bylaw made under this section.
(2)
Any bylaws made under this section may apply generally to all roads under the care, control, or management of the Minister or local authority making the bylaws, or to any specified road, or to any specified part or parts thereof, and may apply to all vehicles or traffic or to any parts thereof, and may apply to all vehicles or traffic or to any specified class or classes of vehicles or traffic, and may operate at any time or at any specified time or times.
(3)
All charges, fees, and tolls received by any local authority under this section in respect of any road shall, without any deduction except for the cost of collection, be expended on the maintenance of that road.
(4)
A copy of every bylaw made under this section by a local authority shall within one week after the making thereof be sent by the local authority to the Minister of Transport, who may at any time disallow the bylaw or any part thereof under section 74 of this Act.
(5)
Nothing in this section shall apply to any authorised railway or tramway on, over, or across any road, or shall limit any powers of regulating traffic on roads otherwise possessed by the Governor-General, any Minister of the Crown, or any local authority.
(6)
The power to make bylaws regulating, controlling, or prohibiting vehicular traffic shall be subject to the provisions of this Act or any other enactment dealing with any specified class or classes of traffic or vehicles.
(7)
In this section and in sections 73 and 74 of this Act the expression “local authority” includes the National Roads Board.
Compare: 1949, No. 7, s. 54; 1950, No. 51, s. 19
73 Publication and proof of bylaws
(1)
Where any bylaw made under section 72 of this Act has special reference to any bridge, a copy of the bylaw or a statement of its effect shall be conspicuously displayed and maintained in a clearly legible condition at each end of that bridge.
(2)
Printed copies of all bylaws made under section 72 of this Act and having reference to traffic on any road or roads shall be on sale to every person applying for them, at a reasonable charge, at the Government Printing Office in Wellington in the case of Government roads, and, in the case of other roads, at the principal office of the local authority having control of the roads.
Compare: 1949, No. 7, s. 55
74 Power of Minister to disallow local bylaws relating to traffic
(1)
The Minister may at any time, by notice published in the Gazette, disallow, either wholly or in part, any bylaw made by any local authority, whether before or after the commencement of this Act, and relating to any traffic on any road or roads, if in his opinion the subject-matter of the bylaw should not be dealt with otherwise than by this Part of this Act or by regulations of general application made under this Act, or if in his opinion the bylaw, in so far as it relates to or may affect any traffic, is unreasonable or undesirable.
(2)
On any disallowance under this section the bylaw shall, to the extent to which it is disallowed, be deemed to have been revoked.
(3)
Any disallowance under this section shall take effect either on the day of the publication of the notice of disallowance in the Gazette or on such later date as may be specified in that behalf in the notice.
Compare: 1949, No. 7, s. 56
General Provisions
75 City Councils, Borough Councils, County Councils, and independent Town Councils may arrange for enforcement of traffic laws by Transport Department
The Council of any city or borough or county or of any town district not forming part of a county may from time to time arrange for the enforcement within its district by officers of the Transport Department of the provisions of any Acts, regulations, or bylaws for the time being in force in the district in so far as they relate to any traffic on any road. Every such Council shall pay to the Department the whole or such proportion of the cost of enforcement as is agreed upon between the Council and the Commissioner.
Compare: 1949, No. 7, s. 58
76 Removal of abandoned vehicles from roads
(1)
Any person duly authorised in that behalf by a local authority may take possession of and remove any motor vehicle which is on any road in the district of the local authority or under its control, if it appears to that person that the motor vehicle has been abandoned by the owner, and either—
(a)
That it is unregistered; or
(b)
That no licence to use the vehicle has been issued for the current licensing year.
(2)
If any motor vehicle so removed is not claimed and the expenses of removal and storage thereof paid by the owner or some other person having an interest therein within two months after the date of the removal, the local authority may give fourteen days’ notice by advertisement in some newspaper circulating in the locality in which the road is situated of its intention to sell the vehicle, and at any time thereafter the vehicle may be sold and disposed of to any person, and that person shall thereupon become the lawful owner of the vehicle.
(3)
The proceeds of any such sale shall be applied in payment of the costs and charges attending the sale, including the advertisement aforesaid, and of the expenses of the removal and storage of the motor vehicle, and the residue, if any, shall be payable to the former owner of the vehicle.
(4)
In this section the expression “local authority”
includes the National Roads Board.
Compare: 1949, No. 7, s. 58a; 1953, No. 24, s. 13
77 Regulations
(1)
Without limiting the general power to make regulations conferred by section 199 of this Act, regulations may be made under that section for all or any of the following purposes, namely:
(a)
Providing for minimising the noise and the issue of smoke or fumes from the working of any vehicles:
(b)
Restricting or prohibiting the use of vehicles that, owing to defects of construction or to disrepair, are unsuitable for safe use:
(c)
Prescribing the affixing of efficient brakes to vehicles:
(d)
Prescribing the kinds of lamps that may be carried on vehicles, requiring the carrying of such lamps, and prescribing how and when they are to be used:
(e)
Regulating the attaching and use of bells, alarms, reflectors, direction indicators, and other instruments for giving notice of the approach, position, or course of vehicles, or for assisting in their control; prescribing the kinds thereof to be used on different classes of vehicles; and prohibiting the use on any class of vehicle of any bell, alarm, reflector, direction indicator, or other instrument as aforesaid of a kind that is not prescribed for use on that class of vehicle or of a kind that is prescribed for use on any other class of vehicle:
(f)
Prescribing the maximum weight and the maximum dimensions of any vehicle, and any load thereon, that may be used on any road, the maximum weight that may be transmitted to the road surface by the wheel or wheels on any one axle of a vehicle, and the maximum air pressure of the tyres of any heavy motor vehicle or specified kind of heavy motor vehicle:
(g)
Providing for the periodical examination of motor vehicles and the issue of warrants of fitness, and prescribing fees in respect of such examinations, not exceeding, in the case of examinations for the issue of warrants of fitness, five shillings, and prescribing the persons to whom the fees are to be paid:
(h)
Requiring any person who sells a motor vehicle intended to be used on the road, or any specified kind of any such motor vehicle, to deliver to the purchaser at the time of the sale a current certificate of fitness or warrant of fitness issued within a specified time before the sale and certifying that the vehicle has been inspected in accordance with the regulations made under this Act and complies with the requirements of the regulations concerning construction, equipment, and condition of motor vehicles:
(i)
Limiting the hours during which and regulating the conditions upon or subject to which any person may drive a vehicle not specially designed for the carriage of persons while it is in use for commercial purposes:
(j)
Providing for the classification of heavy motor vehicles according to their design, weight, and carrying capacity:
(k)
Providing for the classification of roads with reference to their suitability for use by different classes of heavy motor vehicles:
(l)
Providing for the issue of heavy-traffic licences in respect of heavy motor vehicles, whether by the Commissioner or by the local authority or other body or person exercising control over any roads or otherwise:
(m)
Fixing the licence fees payable for heavy-traffic licences, and authorising the refund or remission of licence fees in such circumstances as may be prescribed by the regulations:
(n)
Authorising any local authority or other body or person exercising control over any road to prohibit the use thereon of heavy motor vehicles, or of any class thereof, during any specified period or periods:
(o)
For any purpose for which bylaws may be made under section 72 of this Act:
(p)
Fixing, for the safety of the public or the better preservation of roads, the maximum speed of vehicles or of specified classes of vehicles on any specified road or in any locality or throughout New Zealand, or fixing maximum speeds of vehicles on specified classes of roads:
(q)
Providing for the imposition by local authorities or by other bodies or persons having the control of roads of temporary maximum speed limits for motor vehicles (not exceeding the maximum in that regard for the time being fixed by any Act or regulation) where the local authority or other body or person concerned considers that a temporary risk of danger to the public or of damage to any road exists or is likely to arise, and prescribing the duration of and power to revoke any such temporary speed limit, the procedure for the imposition and notice to the public thereof, the erection of traffic signs in relation thereto, the fines to be imposed (not exceeding fifty pounds) for the breach of any such speed limit, and such other matters as the Governor-General thinks necessary for the imposition and enforcement of every such temporary speed limit:
(r)
Providing for the erection and maintenance of uniform signs, lights, and notices, and the making and maintenance of road markings, for the guidance and direction of persons using roads; prescribing the size, colour, and design of such signs, lights, notices, and road markings, the materials of which they are to be made, and the manner in which and the persons by whom they are to be erected or made and maintained; and requiring local authorities or other persons to erect and maintain such signs, lights, and notices and to make and maintain such road markings or any class thereof:
(s)
Prescribing the duties and regulating the conduct of persons using roads for any purpose, and, in particular, of persons in charge of or riding in vehicles on roads and of persons in charge of or riding or driving or leading animals on roads:
(t)
Providing for the protection of pedestrians on roads:
(u)
Providing for the closing by the local authority or other body or person exercising control thereof of roads to ordinary vehicular traffic on the occasion of the holding thereon of vehicle races or trials, or of processions, carnivals, celebrations, sporting events, or other special events, and, for the suspension in respect of any road so closed of any provision of this Part of this Act or of any regulation or bylaw under this Act relating to vehicular traffic on roads:
Provided that no regulation made under this paragraph shall authorise the closing of any road for more than twelve hours in any period of twenty-four hours, and no road shall be closed under any such regulation unless at least fourteen days’ public notice is given by the authority controlling the road of its intention to close the road to ordinary vehicular traffic and calling upon persons affected to lodge objections thereto, and unless reasonable provision is made for vehicular traffic which would otherwise use the road:
Provided further that where any objection to the closing of a road pursuant to any regulations made under this paragraph are received by the authority controlling the road that authority shall not close the road except with the prior consent of the Minister:
Provided also that no regulation under this paragraph shall in any way restrict the power of the police to maintain public order on roads, or authorise the holding on any road without the appropriate permit therefor of any vehicle race or trial, or procession, carnival, celebration, sporting event, or other special event for which a permit is required under any Act, regulation, or bylaw:
(v)
Generally regulating traffic of all classes, whether vehicular, pedestrian, animal, or otherwise, and prohibiting traffic or any class of traffic, either absolutely or conditionally, on any specified road:
(w)
Generally regulating the use of vehicles and prescribing the conditions upon or subject to which they may be used.
(2)
Regulations made under paragraph (m) of subsection (1) of this section may provide for the payment of the licence fees which should have been paid by persons convicted of a breach of the regulations and also of additional licence fees by such persons.
Compare: 1949, No. 7, s. 59; 1953, No. 116, s. 7(1), (2); 1955, No. 102, ss. 11, 12
78 Fees in respect of heavy-traffic licences
Subject to the provisions of subsection (5) of section 22 of the National Roads Act 1953, all licence fees received in respect of heavy-traffic licences pursuant to regulations made under subsection (1) of section 77 of this Act shall be paid into the Public Account to the credit of the National Roads Fund.
Compare: 1949, No. 7, s. 59(2); 1953, No. 16, s. 7(2)
Part VI Motor-vehicles Insurance (Third-party Risks)
79 Owners of motor vehicles required to insure
(1)
Every person being the owner of a motor vehicle shall, in accordance with this Part of this Act, at the time and in the manner provided by section 81 of this Act, and subject to the exceptions and limitations specified in section 82 of this Act, insure against his liability to pay damages on account of the death of any person or of bodily injury to any person in the event of the death or bodily injury being caused by or through or in connection with the use of that motor vehicle in New Zealand.
(2)
For the purposes of this Part of this Act and of every contract of insurance thereunder, every person other than the owner who is at any time in charge of a motor vehicle, whether with the authority of the owner or not, shall be deemed to be the authorised agent of the owner acting within the scope of his authority in relation to the vehicle.
(3)
If at the time of any accident affecting a motor vehicle any person other than the owner is in charge thereof with the authority of the owner, that person shall, if he is the holder of a driver’s licence in force under Part III of this Act, be indemnified to the same extent as if he were the owner in respect of his liability (if any) to pay damages on account of the accident.
(4)
Every contract of insurance entered into under this section shall be made in accordance with this Part of this Act with a company carrying on in New Zealand the business of accident insurance.
(5)
For the purposes of this Part of this Act, the term “company”
has the same meaning as in the Accident Insurance Companies Act 1908, and the State Fire Insurance Office shall be deemed to be a company carrying on business in New Zealand.
Compare: 1949, No. 7, s. 67
80 Companies willing to undertake business to notify Registrar
(1)
Every insurance company willing to undertake insurance business in terms of this Part of this Act may at any time give to the Registrar notice in the prescribed form of that fact, if it has made the deposit (if any) required to be made by it in respect of that class of business under the Insurance Companies’ Deposits Act 1953. Every such notice shall take effect on the first day of July following the date of its delivery to the Registrar:
Provided that any such notice delivered to the Registrar after the thirty-first day of March and before the first day of July in any year shall take effect on the first day of July of the next succeeding year.
(2)
Every notice given by a company as aforesaid to the effect that it is willing to undertake business in terms of this Part of this Act shall continue to have effect and to bind the company until a notice in writing revoking the former notice has been given to the Registrar and has begun to take effect as hereinafter provided. A notice revoking a former notice as aforesaid is hereinafter referred to as a notice of revocation.
(3)
A notice of revocation given by any company as aforesaid shall not affect any contract of insurance theretofore entered into by that company, or deemed in accordance with this Part of this Act to have been so entered into.
(4)
Except as provided in subsection (3) of this section, a notice of revocation given by an insurance company shall, as from the date on which it takes effect, relieve the insurance company from its obligations under this Part of this Act. A notice of revocation shall take effect as follows:
(a)
Where no date is specified therein as the date on which it shall take effect, the notice shall take effect on the eighth day after the date of its delivery to the Registrar:
(b)
If the notice is expressed to take effect on a date earlier than the eighth day after the date of its delivery to the Registrar, it shall not take effect on the date specified therein, but shall take effect on the said eighth day after the date of its delivery:
(c)
In all other cases the notice shall take effect on such date as is specified in the notice in that behalf.
(5)
The Registrar shall from time to time as occasion requires notify in the Gazette the name of every company that has given notice as hereinbefore provided of its willingness to undertake insurance business in terms of this Part of this Act, and shall also notify the name of every company that has given a notice of revocation as aforesaid, and the date on which the notice of revocation takes effect.
Compare: 1949, No. 7, s. 68
81 Owners to pay insurance premiums with annual licence fees
(1)
Every owner of a motor vehicle, on making application for a licence for that vehicle pursuant to Part II of this Act, shall pay to the Deputy Registrar the insurance premium in respect of that motor vehicle prescribed pursuant to the provisions hereinafter contained, and shall, in the prescribed form, nominate the insurance company with which the contract of insurance is to be made, being in every case an insurance company then bound in accordance with the foregoing provisions of this Part of this Act to undertake insurance business in terms of this Part of this Act.
(2)
If in respect of any motor vehicle any person other than the owner pays the insurance premium and nominates an insurance company as herein provided, that person shall be deemed to be duly authorised by the owner to make the nomination.
(3)
No licence shall be issued for any period in respect of any motor vehicle unless and until the owner or his agent as aforesaid has paid the prescribed insurance premium for that period in accordance with this Part of this Act and has nominated in the prescribed manner the insurance company with which the contract of insurance is to be made.
(4)
Where—
(a)
The owner or any person on his behalf has nominated an insurance company with which the contract of insurance is to be made; and
(b)
Either—
(i)
The Deputy Registrar is satisfied that by reason of the nomination form being incomplete or otherwise defective the name of the insurance company intended cannot be ascertained; or
(ii)
The insurance company so nominated does not undertake insurance business in terms of this Part of this Act,—
then, for the purposes of this Part of this Act, if the motor vehicle had previously been licensed under this Act, and the company with which the contract of insurance was last made is still undertaking insurance business in terms of this Part of this Act, he shall be deemed to have duly nominated that company, but otherwise he shall be deemed to have duly nominated the State Fire Insurance Office.
(5)
This section shall apply equally whether application is made for an ordinary licence under section 12 of this Act or for a dealer’s licence under section 22 of this Act.
Compare: 1949, No. 7, s. 69; 1953, No. 24, s. 16; 1958, No. 53, s. 7
82 Contract of insurance to be complete on payment of premium
(1)
On payment of the insurance premium in respect of any motor vehicle as aforesaid, the insurance company nominated by the owner shall be deemed to have contracted to indemnify him to the extent hereinafter provided from liability (including any extension of liability incurred by reason of the operation of subsection (2) or subsection (3) of section 79 of this Act) to pay damages (inclusive of costs) on account of the death of or bodily injury to any person, where the death or bodily injury is the result of an accident happening at any time during the period in respect of which the insurance premium has been paid, and is sustained or caused by or through or in connection with the use of the motor vehicle in New Zealand.
(2)
The liability of an insurance company under any contract of insurance as aforesaid shall be limited to seven thousand five hundred pounds for any claim made by or in respect of any passenger in the motor vehicle to which the contract of insurance relates, and to seventy-five thousand pounds for all claims made by or in respect of such passengers. The amounts herein specified shall be inclusive of all costs incidental to any such claim or claims.
(3)
Except as provided in subsection (2) of this section, the liability of an insurance company for claims under the contract of insurance shall be unlimited as to amount.
(4)
Subject to subsection (5) of this section, the liability of an insurance company under any contract of insurance as aforesaid shall not extend to indemnify the owner against—
(a)
Any claim made in respect of the death of or bodily injury suffered by any person in the service of the owner at the time of the accident, being an accident arising in the course of his employment:
(b)
Any claim against the owner of a motor vehicle (not being a motor vehicle plying for hire or used in the course of the business of carrying passengers for hire) made in respect of the death of or bodily injury suffered by any person who was at the time of the accident in respect of which the claim has arisen being conveyed in the motor vehicle, or was driving, or entering, or alighting from, or about to enter or alight from, the motor vehicle:
(c)
Any claim against the owner of a motor vehicle plying for hire or used in the course of the business of carrying passengers for hire, made in respect of the death of or bodily injury suffered by any person who (not being a passenger for hire) was at the time of the accident in respect of which the claim has arisen being conveyed in the motor vehicle, or was driving, or entering, or alighting from, or about to enter or alight from, the motor vehicle.
(5)
Subject to subsection (2) of this section, the liability of an insurance company under any contract of insurance as aforesaid shall extend to indemnify the owner against all claims for contribution under section 17 of the Law Reform Act 1936 in respect of any such liability as is mentioned in subsection (1) of this section.
Compare: 1949, No. 7, s. 70; 1950, No. 51, s. 24; 1955, No. 102, s. 13; 1959, No. 105, s. 6(1)
83 Special provisions in respect of change of ownership
Every contract of insurance entered into for the purposes of this Part of this Act in respect of any motor vehicle shall enure in favour of the owner for the time being, notwithstanding any change in the ownership of the motor vehicle.
Compare: 1949, No. 7, s. 71
84 Making false statement for purpose of effecting a contract of insurance
(1)
If any person for the purpose of effecting a contract of insurance under this Part of this Act makes any statement that is false or misleading in any respect, he commits an offence, and is liable to a fine not exceeding one hundred pounds, but the contract of insurance shall not thereby be avoided.
(2)
Nothing in subsection (1) of this section shall take away or limit any right of action or other remedy that the insurance company may have against the owner or any other person in respect of any false statement as aforesaid.
Compare: 1949, No. 7, s. 72
85 Owner to give to insurance company notice of accidents, etc.
(1)
On the happening of any accident affecting a motor vehicle and resulting in the death of or bodily injury to any person, it shall be the duty of the owner forthwith after the accident, or if the owner was not in charge of the motor vehicle at the time of the accident, forthwith after he first becomes aware of the accident, to give notice in writing to the insurance company of the fact of the accident, with particulars as to the date, nature, and circumstances thereof, and thereafter to give all such other information and to take all such steps as the insurance company may reasonably require in relation thereto, whether or not any claims have actually been made against the owner on account of the accident.
(2)
Notice in writing of every claim made or action brought against the owner, or to the knowledge of the owner made or brought against any other person, on account of any accident as aforesaid, shall be forthwith thereafter given by the owner to the insurance company, with such particulars as the insurance company may require.
(3)
The owner or any other person whom the insurance company is liable to indemnify under a contract of insurance under this Part of this Act shall not, without the written consent of the insurance company, enter upon or incur the expense of litigation as to any matter or thing in respect of which he is so indemnified, nor shall he without such consent make any offer, promise, payment, or settlement, or any admission of liability as to any such matter.
(4)
If the owner fails to give any notice or otherwise fails to comply with the requirements of this section in respect of any matter, the insurance company shall be entitled to recover from him as a debt due to it such amount as the Court, having regard to all the circumstances of the case, thinks fit, not exceeding an amount equal to the total amount, including costs, paid by the insurance company in respect of any claim in relation to that matter.
Compare: 1949, No. 7, s. 73
86 Insurance company may settle claims
(1)
An insurance company that is a party to a contract of insurance under this Part of this Act—
(a)
May for the purposes of the contract undertake the settlement of any claim against the owner or against any other person that the company is liable to indemnify under the contract; and
(b)
May take over during such period as it thinks proper the conduct and control on behalf of the owner or other person of any proceedings taken or had to enforce any such claim, or for the settlement of any question arising with reference thereto; and
(c)
May defend or conduct any such proceedings in the name of the owner or other person and on his behalf; and
(d)
Shall indemnify the owner or other person against all costs and expenses of and incidental to any such proceedings while the company retains the conduct and control thereof.
(2)
The owner or other person shall sign all such warrants and authorities as the company may require for the purpose of enabling the company to have the conduct and control of any such proceedings.
Compare: 1949, No. 7, s. 74
87 Passengers for hire not to contract themselves out of benefits
In any action brought against the owner or person in charge of a motor vehicle, or against an insurance company under or for the purposes of this Part of this Act, in respect of an accident causing the death of or bodily injury to any person being at the time of the accident a passenger for hire in the vehicle, it shall not be a defence that the contract of carriage had excluded or modified the liability of the owner or of any other person to pay damages in respect of accidents due to the negligence or wilful default of the owner, his servants, or agents.
Compare: 1949, No. 7, s. 75
88 Application of money received by way of premiums
(1)
All premiums received by a Deputy Registrar under this Part of this Act shall be paid into the Post Office Account.
(2)
From the amount of every premium so received there shall be deducted such proportion or amount as may be from time to time prescribed in respect of administration expenses, and the residue shall, without further appropriation than this section, be paid to the insurance company nominated by the owner in accordance with the foregoing provisions of this Part of this Act’.
(3)
With every payment made to an insurance company under this section the Registrar shall supply a schedule of particulars in the prescribed form sufficient to inform the company, in relation to every contract of insurance represented by the payment, of the following matters:
(a)
The registered number and the class of the motor vehicle to which the contract of insurance relates:
(b)
The premium paid in respect thereof:
(c)
The date of payment of the premium and the period for which the payment was made:
(d)
The name, address, and description of the owner:
(e)
Any other prescribed matters.
Compare: 1949, No. 7, s. 77
89 Regulations as to third-party risks insurance
(1)
Without limiting the general power to make regulations conferred by section 199 of this Act, regulations may be made under that section for all or any of the following purposes:
(a)
Prescribing the amount of the premiums to be paid in respect of motor vehicles under this Part of this Act:
(b)
Prescribing forms for the nomination of insurance companies for the purposes of this Part of this Act by the owners of motor vehicles:
(c)
Prescribing forms of notices to be given for the purposes of this Part of this Act.
(2)
Regulations prescribing premiums payable for the purposes of this Part of this Act may differentiate between different classes of motor vehicles, and may differentiate between motor vehicles, having regard to the purposes for which they are used or intended to be used.
Compare: 1949, No. 7, s. 78
90 Provisions applicable where a premium less than the proper premium is paid
(1)
If in accordance with the authority conferred by section 89 of this Act differential rates of insurance premiums are prescribed in respect of different classes of motor vehicles, or in respect of different purposes for which motor vehicles may be used, it shall not be lawful for the owner of any such vehicle to use it or permit it to be used unless the full amount of the insurance premium payable in respect thereof has been paid, but failure by an owner to comply with the requirements of this subsection shall not affect the contract of insurance.
(2)
Every owner commits an offence who uses any motor vehicle or permits any motor vehicle to be used in contravention of subsection (1) of this section.
(3)
Where an owner uses any motor vehicle or permits any motor vehicle to be used in contravention of subsection (1) of this section, the insurance company shall be entitled to recover from him as a debt due to it an amount equal to three times the difference between the premium paid and the premium properly payable, but in no case shall the amount recoverable be less than five pounds nor more than fifty pounds.
(4)
Where after an insurance premium has been paid in respect of any motor vehicle an additional premium becomes payable in respect thereof, the additional premium shall be paid to the Deputy Registrar.
Compare: 1949, No. 7, s. 79
Part VII Road-transport Services and Harbour-ferry Services
Transport Districts and Licensing Authorities
91 Constitution of transport districts
(1)
The areas for the time being comprised in—
(a)
The Auckland Transport District (constituted by the Auckland Transport Board Act 1928);
(b)
The City of Wellington;
(c)
The Christchurch Tramway District (constituted by the Christchurch Tramway District Act 1920); and
(d)
The City of Dunedin, the boroughs of Green Island, Port Chalmers, West Harbour, and St. Kilda, the Peninsula County, and the area of the highway from Dunedin to Port Chalmers via West Harbour—are hereby declared to be transport districts for the purposes of this Part of this Act, and shall be known as the Auckland Transport District, the Wellington Transport District, the Christchurch Transport District, and the Dunedin Transport District respectively.
(2)
The Governor-General may, by Order in Council, wholly divide the mainland of the North and South Islands (exclusive of the areas comprised in the transport districts constituted by subsection (1) of this section) into such number of transport districts with such boundaries and such distinctive names as he thinks fit, and may include in any of the districts any outlying island forming part of the North Island or of the South Island.
Compare: 1949, No. 7, s. 80
92 Alteration and abolition of districts
Notwithstanding anything in section 91 of this Act, the Governor-General may from time to time, by Order in Council,—
(a)
Alter the name of any transport district:
(b)
Alter the boundaries of any two or more transport districts:
(c)
Merge any transport district in any other transport district:
(d)
Abolish any transport district or districts, and declare the area or areas comprised therein to be a new transport district or districts with such boundaries and such name or names as are specified in the order.
Compare: 1949, No. 7, s. 81
93 Licensing Authorities for transport districts
(1)
There shall be a Licensing Authority for each transport district.
(2)
Each Licensing Authority shall consist of one person or three persons, as the Minister from time to time determines, to be appointed by the Minister. Where the Minister determines that a Licensing Authority shall consist of three persons, he shall appoint one of the members to be the Chairman thereof.
(3)
On the merger or abolition of any district, the appointment of the Licensing Authority thereof shall be deemed to be revoked.
Compare: 1949, No. 7, s. 82
Goods-service Districts and Licensing Authorities
94 Constitution of goods-service districts, and Licensing Authorities therefor
(1)
The Governor-General may from time to time, by Order in Council, declare any specified transport district or districts, or any specified part or parts thereof, to be a goods-service district for the purposes of this Part of this Act, with such distinctive name as he thinks fit, and may, by the same or a subsequent Order in Council, declare the Licensing Authority for any specified transport district to be the Licensing Authority for the goods-service district.
(2)
Any Order in Council under this section may be at any time in like manner varied or revoked.
Compare: 1949, No. 7, s. 83
Rental-service Districts and Licensing Authorities
95 Constitution of rental-service districts, and Licensing Authorities therefor
(1)
The Governor-General may from time to time, by Order in Council, declare any specified transport district or districts, or any specified part or parts thereof, to be a rental-service district for the purposes of this Part of this Act, with such distinctive name as he thinks fit, and may, by the same or a subsequent Order in Council, declare the Licensing Authority for any specified transport district to be the Licensing Authority for the rental-service district.
(2)
Any Order in Council under this section may be at any time in like manner varied or revoked.
Harbour-ferry Service Districts and Licensing Authorities
96 Constitution of harbour-ferry service districts, and Licensing Authorities therefor
(1)
The Governor-General may from time to time, by Order in Council, declare any specified harbour or harbours, or any specified part or parts thereof, to be a harbour-ferry service district for the purposes of this Part of this Act, with such distinctive name as he thinks fit.
(2)
Any Order in Council under this section may be at any time in like manner varied or revoked.
(3)
Any such Order in Council may declare that the provisions of this Part of this Act shall apply generally to the harbour-ferry service district thereby constituted or only to harbour-ferry services of a particular class or classes or to a specified harbour-ferry service or services.
(4)
The Licensing Authority for a harbour-ferry service district shall consist of one person or three persons, as the Minister from time to time determines, to be appointed by the Minister. Where the Minister determines that the Licensing Authority for a harbour-ferry service district shall consist of three persons, he shall appoint one of the members to be the Chairman thereof.
Compare: 1949, No. 7, s. 84(1)–(4)
97 Certain persons carrying on harbour-ferry service entitled to licence
On the coming into force of an Order in Council under subsection (1) of section 96 of this Act, any person who on the nineteenth day of November, nineteen hundred and forty-eight (being the date of the commencement of the Transport Law Amendment Act 1948), was carrying on a harbour-ferry service in the harbour to which the said order relates and who continued to carry on the service until the date of the commencement of that order shall, subject to the provisions of paragraph (g) of subsection (2) of section 127 and of subsection (3) of section 133 of this Act, be entitled as of right to a harbour-ferry service licence for that service.
Compare: 1949, No. 7, s. 84(5)
Licensing Authorities
98 Disqualification for appointment as Licensing Authority
No person shall be capable of being appointed to be or of being a Licensing Authority or a member of a Licensing Authority—
(a)
Who (otherwise than as a member of an incorporated company in which there are more than twenty members and of which he is not a director, officer, or servant) is financially interested, directly or indirectly, in the business of carrying passengers or goods by means of any passenger service, goods service, harbour-ferry service, or aircraft service, or the letting of motor vehicles on hire by means of any rental service; or
(b)
Who is an officer or servant of any public authority that carries on any passenger service, goods service, rental service, harbour-ferry service, aircraft service, railway service, or tramway service. For the purposes of this paragraph the term “public authority” includes any Department of State and any local authority or other public body.
Compare: 1949, No. 7, s. 86
99 Term of office and vacancies
(1)
Every Licensing Authority or member of a Licensing Authority shall be appointed for a term not exceeding five years, but shall be eligible for reappointment, unless disqualified under section 98 of this Act.
(2)
The Minister may at any time remove any Licensing Authority or member of a Licensing Authority from office for disability, neglect of duty, or misconduct.
(3)
Any Licensing Authority or member of a Licensing Authority may at any time resign his office by writing addressed to the Minister.
(4)
If any Licensing Authority or member of a Licensing Authority dies, resigns, becomes disqualified, or is removed from office, his office shall become vacant, and shall be filled in the manner in which the appointment to the vacant office was originally made.
(5)
The publication in the Gazette of a notice of the appointment of any Licensing Authority or member of a Licensing Authority signed by the Minister shall be conclusive evidence that the appointment has been duly made, and the like publication of a notice of the vacation of the office of any Licensing Authority or member of a Licensing Authority shall be conclusive evidence that he has duly vacated his office in accordance with the terms of the notice.
(6)
No act or proceeding of any person acting as a Licensing Authority or as a member of a Licensing Authority shall be invalidated by reason of the fact that he had vacated his office, or was at the time of his appointment disqualified under section 98 of this Act.
(7)
Every person commits an offence who does any act as a Licensing Authority or as a member of a Licensing Authority if at the time of his doing that Act he has vacated his office or become disqualified under section 98 of this Act from holding his office, or if at the time of his appointment he was disqualified under that section.
Compare: 1949, No. 7, s. 87
100 Deputies
(1)
In any case in which the Minister is satisfied that any Licensing Authority or member of a Licensing Authority is incapacitated by illness, absence, or other sufficient cause from performing the duties of his office, the Minister may appoint any qualified person to be a deputy to act for him during his incapacity, and any deputy so appointed shall, while he acts as such, be deemed to be the Licensing Authority or a member of the Licensing Authority, as the case may be.
(2)
No appointment of a deputy under this section and no acts of any deputy so appointed shall in any proceedings be questioned on the ground that the occasion for his appointment had not arisen or had ceased.
(3)
The provisions of section 98 and subsections (2) to (7) of section 99 of this Act shall, as far as they are applicable and with the necessary modifications, apply with respect to deputies appointed under this section.
Compare: 1949, No. 7, s. 88
101 Allowances and expenses of Licensing Authorities
There shall be paid to all Licensing Authorities and all members of Licensing Authorities remuneration by way of fees, salary, or allowances, and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if every such Authority were a statutory Board within the meaning of that Act.
Compare: 1949, No. 7, s. 89; 1951, No. 79, s. 10(1)
102 Proceedings of Licensing Authorities
(1)
Subject to the provisions of this Act, every Licensing Authority shall hold sittings for the transaction of business at such times and places as the Licensing Authority, or, in the case of a Licensing Authority consisting of three persons, the Chairman determines.
(2)
At all meetings of a Licensing Authority consisting of three persons, two members (of whom one shall be the Chairman) shall constitute a quorum.
(3)
At any meeting of a Licensing Authority consisting of three persons the Chairman shall have a deliberative vote. In the case of an equality of votes the Chairman shall also have a casting vote.
(4)
All questions before a Licensing Authority consisting of three persons shall be decided by a majority of the valid votes recorded thereon.
(5)
Every Licensing Authority shall cause to be entered in a minute book a record of all decisions made by it under this Part of this Act. Every such entry shall include a statement of the reasons for the decision to which it relates.
(6)
A copy of any entry in the minute book certified by the Licensing Authority, or, in the case of a Licensing Authority consisting of three persons, by the Chairman, to be correct shall, until the contrary is proved, be sufficient evidence in any proceedings of the decision to which it relates.
(7)
Any person may on payment of such fee as may be prescribed obtain a copy certified as aforesaid of any entry in the minute book.
Compare: 1949, No. 7, s. 90(1)–(4)
103 Temporary licences
The Chairman of a Licensing Authority consisting of three persons may, in any case of urgency, grant on behalf of the Licensing Authority any temporary transport licence, but shall report the grant at the next meeting of the Licensing Authority.
Compare: 1949, No. 7, s. 90(5)
104 Delegation of power to grant temporary licences
Any Licensing Authority may, subject to such conditions and directions as may be prescribed or as it thinks proper, delegate to any employee of the Public Service or of the Post Office its power to grant temporary transport licences.
Compare: 1949, No. 7, s. 91
105 Licensing Authorities may administer oaths
For the purposes of every public sitting of a Licensing Authority, the Chairman or (if the Licensing Authority consists of only one person) the sole member thereof shall have the authority and privileges of a Magistrate in respect of the administration of oaths, the hearing of evidence, the conduct of proceedings, and the maintenance of order at the sitting. Every witness giving evidence in person at any public sitting shall first be duly sworn.
Compare: 1949, No. 7, s. 92
106 Procedure of Licensing Authorities
Subject to the provisions of this Act and of any regulations made thereunder, every Licensing Authority may regulate its own procedure.
Compare: 1949, No. 7, s. 93
107 Annual report of Licensing Authority
Every Licensing Authority shall in the month of April in each year furnish to the Minister an annual report containing such particulars with respect to matters dealt with by it during the preceding twelve months as the Minister from time to time directs.
Compare: 1949, No. 7, s. 94
Passenger Services, Taxicab Services, Goods Services, Rental Services, and Harbour-ferry Services
108 Passenger services, taxicab services, goods services, rental services, and harbour-ferry services to be licensed
(1)
Except as provided in this Part of this Act, it shall not be lawful for any person to carry on any passenger service or taxicab service or rental service or goods service or, within a harbour-ferry service district, any harbour-ferry service, otherwise than pursuant to the authority and in conformity with the terms of a passenger-service licence or a taxicab-service licence or a rental-service licence or a goods-service licence or a harbour-ferry service licence, as the case may be, granted under this Part of this Act.
(2)
Every person commits an offence who does any act in any capacity as agent for any transport service that may be lawfully carried on only pursuant to a licence under this Part of this Act, if at the time of his doing that act such a licence is not in force in respect of the service.
(3)
Every person who commits an offence against this section is liable to a fine not exceeding one hundred pounds.
Compare: 1949, No. 7, s. 95
109 Certain services declared to be goods services
(1)
Subject to the provisions of this section, and without limiting the meaning of the expression “goods service” in subsection (1) of section 2 of this Act, the carriage of any goods (whether for hire or reward or not) by any goods-service vehicle the weight of which exceeds two and a half tons shall be deemed for the purposes of this Part of this Act to be a goods service within the meaning thereof, if there is available for their carriage—
(a)
A route that includes not less than—
(i)
Seventy-five miles of open Government railway when the goods being carried consist only of fresh meat or fresh fish:
(ii)
Except where paragraph (b) of this subsection applies, fifty miles of open Government railway when the goods being carried consist only of logs:
(iii)
Fifty miles of open Government railway when the goods being carried consist only of biscuits or confectionery:
(iv)
Except where paragraph (b) of this section applies, forty miles of open Government railway in any other case:
(b)
When logs are carried, a route that includes the Murupara-Kawerau Railway.
(2)
Subject to the provisions of this section, and without limiting the meaning of the expression “goods service” in subsection (1) of section 2 of this Act, the carriage by any goods-service vehicle which is owned by a person carrying on business as a farmer of any goods (other than lime) owned by him and carried in connection with that business shall, if the weight of the vehicle exceeds six and a half tons, be deemed for the purposes of this Part of this Act to be a goods service within the meaning thereof, if there is available for their carriage a route that includes not less than—
(a)
Seventy-five miles of open Government railway when the goods being carried consist only of fresh milk, fresh cream, fresh vegetables, fresh fruit, eggs, poultry, or fresh meat:
(b)
Forty miles of open Government railway in any other case.
(3)
The foregoing provisions of this section shall not apply—
(a)
Where the route that includes the railway is longer by more than one-third than the shortest road route available for the carriage of the goods; or
(b)
Where the owner of the motor vehicle is the Crown; or
(c)
Where the owner of the motor vehicle is a local authority or a public body and the goods are loaded on the motor vehicle at a place within the district of the local authority or public body and carried to another place within that district; or
(d)
To the carriage of livestock.
(4)
Subsection (1) of this section shall not apply where the owner of the motor vehicle is carrying on business as a farmer and the goods are carried in connection with that business of the owner.
(5)
For the purposes of subsections (1) and (2) of this section, the term “weight”, in relation to any goods-service vehicle, means the total weight of the vehicle, its load, any trailer or trailers drawn thereby, and the load on that trailer or those trailers.
Compare: 1949, No. 7, s. 96(1)–(5); 1955, No. 102, s. 14(1); S.R. 1960/21, reg. 7; S.R. 1961/12, reg. 2; S.R. 1961/75, reg. 2
110 “Available route”
defined
(1)
For the purposes of section 109 of this Act and of any regulations made or continuing and having effect under this Act (being regulations relating to the carriage of goods by road if there is available for their carriage a route that includes not less than a specified length of open Government railway) the following provisions of this subsection shall apply:
(a)
A route which includes not less than the specified length of open Government railway or, in the case of logs, includes the Murupara-Kawerau Railway shall be deemed to be available for the carriage of the goods, notwithstanding that in order to permit of their carriage by the railway part of the route it is necessary to carry the goods by road at either end or both ends of the railway part, whether in any direction or for any distance:
(b)
The length of the railway shall be computed according to the distance between places as set out in the Government Railways working timetables, which places shall be deemed to include all railway sidings in the vicinity thereof.
(2)
Notwithstanding anything in subsection (1) of this section, the provisions of section 109 of this Act and of any regulations made or continuing and having effect under this Act (being regulations relating to the carriage of goods by road if there is a route available for their carriage that includes not less than a specified length of open Government railway) shall not apply where the length of the railway from the railway station nearest to the place where their carriage begins to the railway station nearest to the place where their carriage ends is less than is specified in relation to their carriage by that section or by those regulations.
(3)
For the purposes of any proceedings for an offence under this Part of this Act or under any such regulations, being an offence relating to the carriage of goods by road where there is an available route for the carriage of goods that includes not less than a specified length of open Government railway, the road route over which the goods were actually carried shall be deemed to be the shortest road route available for their carriage.
Compare: 1949, No. 7, s. 96(6); 1955, No. 102, s. 14(1); 1958, No. 53, s. 8(1); 1959, No. 105, s. 7(1)
111 Carriage of goods by linked-up services
(1)
Where—
(a)
In the course of the carriage of goods the goods are carried in stages from one place to another by one or more persons; and
(b)
The total carriage of those goods between those places by any one of those persons would have been unlawful by reason of section 109 of this Act or of any regulations made or continuing and having effect under this Act (being regulations relating to the carriage of goods by road where there is an available route for the carriage of goods that includes not less than a specified length of open Government railway),—
every person who carries the goods over any one of those stages or is a party to that carriage shall, subject to the provisions of this section, be deemed to have carried on a goods service over the whole of the route over which the goods are carried.
(2)
This section shall apply notwithstanding that but for this section the carriage of the goods by road over each of the said stages may have been lawful.
(3)
Nothing in this section shall apply with respect to the carriage of goods by or on behalf of one operator between any place within a city or borough or town district or county town and any depot of another operator that is situated within the same city or borough or town district or county town.
Compare: 1949, No. 7, s. 96a; 1955, No. 102, s. 15; 1959, No. 105, s. 7(1)
112 Amount payable to Crown where goods unlawfully carried by road
Where a person—
(a)
Is convicted of an offence of carrying on a goods service within the meaning of section 109 of this Act otherwise than pursuant to the authority and in conformity with the terms of a goods-service licence granted under this Part of this Act; or
(b)
Being the holder of a goods-service licence, is convicted of an offence of carrying on a goods service otherwise than in conformity with any condition that is implied in his licence by any provision of any regulations made or continuing and having effect under this Act (being a provision relating to the carriage of goods by road where there is an available route for the carriage of goods that includes not less than a specified length of open Government railway),—
then, whether or not the Court imposes any penalty in respect of the offence, there shall be due by the defendant as a debt owing to the Crown a sum equal to the amount that would have been payable to the New Zealand Government Railways Department as freight at the appropriate goods-freight rate if the goods had been carried by road only to the extent lawfully permissible. Any amount recovered under this section shall be paid into the Working Railways Account.
Compare: 1949, No. 7, s. 96b; 1959, No. 105, s. 7(1)
113 Exemptions from transport licences
(1)
A licence shall not be required under this Part of this Act in the case of—
(a)
The carriage to and from school of school children and their teachers in a passenger-service vehicle, unless other persons are at the same time carried for hire or reward in the vehicle:
(b)
The carriage by a contract vehicle or harbour ferry of a private party on a special occasion:
Provided that this exemption shall not apply in any case where the owner of the contract vehicle or harbour ferry or any other person in charge thereof for the time being advertises or in any other way holds himself out as willing to contract for the hiring out of the vehicle or harbour ferry for the purpose of carrying persons to any destination directly or indirectly named by him:
(c)
The carriage to and from work of workmen engaged on work being carried out by the Government or by a public body, if the vehicle used is not designed principally for the carriage of persons and if the service is for the time being approved by the Commissioner in writing for the purposes of this paragraph:
(d)
A goods service carried on exclusively in connection with funerals, or for the carriage of newspapers, or in connection with the repair or wreckage of vehicles that have met with mishap:
(e)
A goods service or harbour-ferry service carried on exclusively for the carriage of milk, cream, or whey to or from dairy factories by farmers for their neighbours, unless there is a licensed goods service or harbour-ferry service reasonably available for their carriage:
(f)
A goods service or harbour-ferry service carried on exclusively for the purpose of providing relief or assistance to the inhabitants of a locality where the usual communications are interrupted by the happening of flood, earthquake, or fire:
(g)
A goods service carried on exclusively for the carriage of a showman’s goods and equipment in a vehicle owned wholly or in part by the showman:
(h)
A goods service carried on exclusively for the purpose of the painting, repair, or maintenance of petrol or kerosene or diesel-fuel pumps and the underground equipment appurtenant to them:
(i)
A goods service carried on exclusively by a person carrying on business as an apiarist for the carriage of goods in connection with that business:
(j)
A rental service carried on exclusively for the purpose of the letting of agricultural tractors on hire (including any trailers drawn by any such tractors):
(k)
A goods service for the carriage of furniture and household effects (including personal belongings) by the owner thereof in his own motor vehicle arising from a change of residence of the owner:
(l)
A goods service carried on exclusively for the carriage by cordial and carbonated-water manufacturers of cordials and carbonated waters for retail distribution and empty cordial and carbonated-water bottles for return to factories, unless there is an available route for the carriage of such goods which includes at least seventy-five miles of open Government railway:
(m)
The carriage (otherwise than for commercial purpurses) to or from an exhibition or a show of a vehicle or farm machinery registered with a vintage farm machinery club, if the service is for the time being approved by the Commissioner in writing for the purposes of this paragraph:
(n)
A goods service (not being a goods service within the meaning of section 109 of this Act) carried on exclusively for the collection and disposal of domestic, industrial, or commercial refuse:
(o)
A passenger service, goods service, rental service, or harbour-ferry service exempted from licensing by the Governor-General by Order in Council under subsection (2) of this section.
(2)
The Governor-General may from time to time, by Order in Council, exempt from licensing under this Part of this Act any specified passenger service, goods service, rental service, or harbour-ferry service or any specified class of such services, and may in like manner vary or revoke any such Order in Council.
Compare: 1949, No. 7, s. 97; 1959, No. 105, s. 8; S.R. 1960/21, reg. 7; S.R. 1960/186, reg. 2; S.R. 1961/75, reg. 2
114 Minister may declare certain services to be passenger services or goods services or rental services
(1)
If the Minister is of the opinion that it is necessary or desirable in the public interest so to do, he may from time to time, by notice published in the Gazette, declare that any service by motor vehicle for the carriage of passengers or goods (whether for hire or reward or not) or any service for the letting on hire of a motor vehicle shall be deemed for the purposes of this Part of this Act to be a passenger service or a goods service or a rental service, as the case may be, within the meaning of this Act.
(2)
If any question arises as to whether or not the carriage of any passengers or goods by motor vehicle or the letting on hire of a motor vehicle constitutes a service for the purposes of this section, it shall be determined by the Minister, whose decision shall be final.
(3)
For the purposes of this section a service may be defined in such manner as the Minister thinks fit. In particular, without limiting the general authority conferred by this section, a service may be defined by reference to all or any of the following matters—namely, the points between which it is carried on, the nature or length of the route, the localities served, the motor vehicle or motor vehicles used, the passengers or goods carried, and the nature of any transaction that may be involved in the service.
(4)
In any notice under this section in respect of any service or services the Minister may declare that any specified person or specified class of persons shall be deemed for the purposes of this Part of this Act to be carrying on the service, whether or not that person is or those persons are the owner or owners or the bailee or bailees of the motor vehicle or motor vehicles used in the service.
(5)
Unless and until any notice under this section is varied or revoked, it shall continue in force according to its tenor. Every notice under this section shall come into force on the date of its publication in the Gazette, or on such later date as may be specified in that behalf in the notice.
(6)
Any notice under this section may be at any time in like manner varied or revoked.
Compare: 1949, No. 7, s. 98
115 Defining proper Licensing Authority to grant licences or exercise jurisdiction in respect thereof
(1)
For the purposes of this Part of this Act, but subject to the provisions of subsection (3) of this section, the proper Licensing Authority to grant a passenger-service licence, or a rental-service licence, or a goods-service licence, or otherwise to exercise jurisdiction in respect of any such licence, shall be—
(a)
In the case of a service proposed to be carried on or being carried on wholly within any district, the Licensing Authority for that district:
(b)
In the case of a service proposed to be carried on or being carried on within two or more districts, such one of the Licensing Authorities for those districts as the Commissioner appoints.
(2)
Subject to subsection (3) of this section, the proper Licensing Authority to grant a harbour-ferry service licence, or otherwise to exercise jurisdiction in respect of any such licence, shall be the Licensing Authority appointed under subsection (4) of section 96 of this Act of the harbour-ferry service district within which the service is to be carried on.
(3)
Notwithstanding anything in subsection (1) or subsection (2) of this section, the Minister may from time to time determine, by notice published in the Gazette, that any specified Licensing Authority shall have jurisdiction to grant or otherwise to exercise jurisdiction in respect of a specified transport licence or a specified class or specified classes of transport licences in respect of which some other Licensing Authority would, but for the provisions of this subsection, be the proper Licensing Authority; and in that event the Licensing Authority referred to in the notice shall be deemed to be the proper Licensing Authority for the purposes of this Part of this Act to grant the licence or class or classes of licences referred to in the notice or otherwise to exercise jurisdiction in respect of that licence or that class or those classes of licences.
(4)
If any question arises under this section as to the proper Licensing Authority to grant any transport licence, or otherwise to exercise jurisdiction in respect thereof, whether by reason of any alteration made or proposed to be made in the terms or conditions of the licence, or by reason of any change made or proposed to be made in any district or in the Licensing Authority for any district, or by reason of any other special circumstances or conditions whatsoever, it shall be determined by the Commissioner.
(5)
In any case where a passenger service is being carried on or is proposed to be carried on within two or more transport districts, or where a goods service is being carried on or is proposed to be carried on within two or more goods-service districts, or where a rental service is being carried on or is proposed to be carried on within two or more rental-service districts, the proper Licensing Authority shall not, except in the case of a temporary licence, make any decision in respect of a licence or an application for a licence for the service without first consulting, whether personally or by correspondence or otherwise, every other Licensing Authority in whose district the service is being carried on or is proposed to be carried on.
(6)
For the purposes of this section and generally for the purposes of this Part of this Act, a service that is exclusively or principally a taxicab service shall be deemed to be carried on wholly within the transport district in which is situated the stand or other place of hiring of the taxicab or taxicabs used in connection with the service. If any question arises under this subsection as to whether any service is exclusively or principally a taxicab service, or if, by reason of there being two or more stands or otherwise, any question arises as to the transport district within which any such service is to be deemed to be wholly carried on, the question shall be determined by the Commissioner.
(7)
For the purposes of this section, a rental service shall be deemed to be carried on wholly within the rental-service district in which is situated the place of hiring of the vehicle or vehicles used in connection with the service.
Compare: 1949, No. 7, s. 99
116 Application for licence to be forwarded to Commissioner
(1)
Every application for a transport licence shall be in the prescribed form, and, except as provided in subsection (4) of this section, shall, unless the Minister otherwise directs, be forwarded to the Commissioner, accompanied by the prescribed fee.
(2)
The Commissioner shall, on being satisfied that the application is duly made, transmit it to the proper Licensing Authority, but may in any case before doing so require the applicant to furnish such further information or particulars as may, in the opinion of the Commissioner, be necessary to enable the Licensing Authority to come to a proper decision.
(3)
The Commissioner shall in every case place before the Licensing Authority all information at his disposal (whether obtained from the applicant or not) that will assist the Licensing Authority in dealing with an application for a transport licence.
(4)
Notwithstanding anything to the contrary in the foregoing provisions of this section, an application for a temporary licence may be made direct to the proper Licensing Authority.
Compare: 1949, No. 7, s. 100
117 Licensing Authority to advertise receipt of application and hold public sitting
(1)
On receiving an application for a transport licence, not being an application for a temporary licence, the Licensing Authority shall, in the prescribed form, give not less than fourteen clear days’ public notice of the receipt of the application, specifying in the notice a time and place at which it will hold a public sitting for the purpose of receiving evidence and representations in favour of or against the granting of the application by persons who, in the opinion of the Licensing Authority, are directly interested, and shall also give to the applicant not less than fourteen clear days’ notice of the time and place so specified.
(2)
The Licensing Authority shall hold the public sitting in such place as it deems most convenient, having regard to the nature of the business.
(3)
At the public sitting the Licensing Authority shall hear all evidence tendered (whether or not it is admissible in a Court of law) and representations made that it deems relevant to the subject-matter of the application, but at any time during the sitting it may decide not to receive further evidence or representations.
(4)
Any public sitting may, in the discretion of the Licensing Authority, be adjourned from time to time and from place to place.
Compare: 1949, No. 7, s. 101; 1950, No. 51, s. 26(2)
118 Objections to grant of taxicab-service licences
(1)
Notwithstanding anything in subsection (3) of section 117 of this Act, the Licensing Authority shall not take into account any objection to the grant of a taxicab-service licence made by any licensee of a taxicab service or by a group or organisation of licensees of taxicab services, unless—
(a)
The objection relates to the suitability of the applicant; or
(b)
The objection relates to the desirability of providing and maintaining a reasonable standard of living and satisfactory working conditions in the taxicab industry; or
(c)
It is proved to the satisfaction of the Licensing Authority that the objector or, as the case may be, the licensees who are members of the group or organisation are subject to a roster of duties that has been approved by the Licensing Authority under subsection (2) of section 128 of this Act and is being effectively operated.
(2)
If in the opinion of the Licensing Authority there is a good reason why the objector or, as the case may be, the licensees who are members of the group or organisation should not be subject to a roster of duties, or there are special circumstances whereby the roster cannot be effectively operated, it may waive the requirements of paragraph (c) of subsection (1) of this section.
119 Matters to be considered before determining applications for passenger-service or harbour-ferry service licences
(1)
In considering any application for a passenger-service licence (not being a taxicab-service licence) or for a harbour-ferry service licence, the Licensing Authority shall generally have regard to—
(a)
The extent to which the proposed service is necessary or desirable in the public interest; and
(b)
The extent to which an improved standard of transport service in the district is necessary or desirable in the public interest; and
(c)
The needs of the district or districts or any parts thereof in relation to passenger transport or harbour-ferry transport, as the case may be; and
(d)
The necessity in the public interest of protecting the public funds involved when the application is for a licence in respect of a passenger service having substantially the same terminal points and routes as any passenger service which has been purchased by the Minister of Railways and for which that Minister is for the time being the holder of a licence,—
and, if it is then of opinion that the proposed service is unnecessary or undesirable, it shall refuse to grant a licence.
(2)
If after having regard to the matters mentioned in subsection (1) of this section the Licensing Authority proposes to give further consideration to the application, it shall take into account—
(a)
The transport services of any kind, whether by air, land, or water, already provided in respect of the proposed routes or the localities to be served:
(b)
The financial ability of the applicant to carry on the proposed service:
(c)
The desirability of providing and maintaining a reasonable standard of living and satisfactory working conditions in the transport industry:
(d)
The likelihood of the applicant’s carrying on the proposed service satisfactorily and, in the case of an existing licensee or a person who has previously held a licence of the kind to which the application relates, the manner in which the service has been carried on:
(e)
The timetables or frequency of the proposed service, if it is intended to be of a regular nature:
(f)
The vehicles or harbour ferries proposed to be used in connection with the service:
(g)
In the case of an application for a passenger-service licence, the condition of the roads to be traversed on the route or routes, and any restrictions of load or speed or other lawful restrictions affecting vehicles of the class proposed to be used, including restrictions arising out of any classification of roads under regulations made pursuant to section 77 of this Act:
(h)
Any evidence and representations received by it at the public sitting on behalf of the Minister of Railways, local authorities or other public bodies, or any persons carrying on transport services of any kind (whether by air, land, or water) likely to be affected, and any representations contained in any petition presented to it at a public sitting signed by at least twenty-five adult residents of any locality proposed to be served.
Compare: 1949, No. 7, s. 102; 1950, No. 51, s. 27; 1955, No. 102, s. 17
120 Preference for applications for passenger-service licences by local authorities and other public bodies in certain cases
Every application by a local authority or other public body for a passenger-service licence shall be given preference over all other applications for such licences, if—
(a)
There is no existing service for the carriage of passengers over the route or routes or in the locality or localities mentioned in the application; and
(b)
The proposed service is in extension of an existing transport service carried on by the applicant (whether with motor vehicles or otherwise), or is a new service to be carried on wholly within the district of the applicant; and
(c)
The Licensing Authority is satisfied that the proposed service will not unfairly compete with an existing service to the same locality or localities by another route; and
(d)
The Licensing Authority is satisfied that the proposed service will be satisfactory, having regard to time-tables, frequency of service, and otherwise.
Compare: 1949, No. 7, s. 103; 1955, No. 102, s. 17(3)
121 Matters to be considered before determining applications for taxicab-service licences
(1)
Inconsidering any application for a taxicab-service licence, the Licensing Authority shall generally have regard to—
(a)
The extent to which the proposed service is necessary or desirable in the public interest; and
(b)
The extent to which an improved standard of taxicab service is necessary or desirable in the public interest; and
(c)
The provision of an adequate supply of taxicabs to meet the reasonable public demand; and
(d)
Any increase or decrease in the population of the area to be served; and
(e)
The extent to which the existing taxicab-services are being utilised; and
(f)
The extent to which the existing licensed taxicabs in the area are available for public use; and
(g)
The desirability of providing and maintaining a reasonable standard of living and satisfactory working conditions in the taxicab industry; and
(h)
The special needs of the area in respect of the travelling public; and
(i)
Any evidence and representations made at a public sitting by or on behalf of any local authority or the licensee of a passenger service operating over a defined route; and
(j)
Any representations contained in any petition presented at a public sitting signed by at least twenty-five adult residents of any locality proposed to be served; and
(k)
Any other matters that the Licensing Authority considers relevant to the application.
(2)
If after having regard to the matters mentioned in subsection (1) of this section the Licensing Authority proposes to give further consideration to the application, it shall take into account—
(a)
The personal character of the applicant and his prospective ability to carry on the service satisfactorily; and
(b)
In the case of an applicant who is or has been employed as a taxicab driver, the manner in which he has performed his duties as such a driver; and
(c)
In the case of an application by an existing licensee or a person who has previously held a taxicab-service licence, the manner in which the service has previously been carried on; and
(d)
The financial ability of the applicant to carry on the service satisfactorily.
Compare: 1949, No. 7, s. 102; 1950, No. 51, s. 27; 1955, No. 102, s. 17.
122 Matters to be considered before determining applications for rental-service licences
(1)
In considering any application for a rental-service licence, the Licensing Authority shall generally have regard to—
(a)
Whether or not the applicant is a fit and proper person to carry on such a service; and
(b)
The financial ability of the applicant to carry on the proposed service; and
(c)
The suitability of the applicant’s premises for the hiring out of rental vehicles; and
(d)
Whether or not the applicant is able to provide or arrange satisfactory facilities for the proper maintenance and upkeep of the vehicles to be used in connection with the proposed service; and
(e)
The ability of the applicant to ensure and maintain that the vehicles used in connection with the service are operated with due regard to road safety.
(2)
If the applicant satisfies the Licensing Authority that he is able to comply with the matters mentioned in subsection (1) of this section, the Licensing Authority shall grant the application, unless it is satisfied that—
(a)
The existing rental services are adequate to meet the reasonable public demand; and
(b)
The grant of the application would injure materially the economic stability of an existing rental-service licensee who is carrying on his service in an efficient manner.
Compare: 1949, No. 7, s. 102; 1950, No. 51, s. 27; 1955, No. 102, s. 17
123 Matters to be considered before determining applications for goods-service licences
(1)
In considering any application for a goods-service licence, the Licensing Authority shall have regard to—
(a)
The interests of the public generally, including primarily those of persons requiring facilities for transport of goods and secondarily those of persons providing facilities for such transport; and
(b)
The needs of the district or districts or any parts thereof in relation to the carriage of goods.
(2)
The Licensing Authority shall further have regard to—
(a)
The financial ability of the applicant to carry on the proposed service; and
(b)
The likelihood of the applicant’s carrying on the proposed service satisfactorily and, in the case of an application by a person who holds or has previously held a goods-service licence, the manner in which the service has been carried on.
(3)
If, having regard to the matters mentioned in subsections (1) and (2) of this section, the Licensing Authority is satisfied that—
(a)
The proposed service is desirable in the public interest; and
(b)
The proposed service would not operate adversely to the public interest where the application involves exemption from the provisions of any regulations made or continuing and having effect under this Act (being regulations relating to the carriage of goods by road if there is a route available for their carriage that includes not less than a specified length of open Government railway),—
the Licensing Authority shall grant the application unless it decides that the grant of the application would injure materially the economic stability of the transport services of any kind (whether by air, land, or water) in respect of the proposed routes or the localities to be served, or would prejudice the provision or maintenance of a reasonable standard of living and satisfactory working conditions in the transport industry.
(4)
In considering any application for a goods-service licence, the Licensing Authority shall take into account any evidence and representations received by it at the public sitting on behalf of the Minister of Railways, local authorities or other public bodies, or any persons carrying on transport services of any kind (whether by air, land, or water) likely to be affected, and any representations contained in any petition presented to it at a public sitting and signed by at least twenty-five adult residents of any locality proposed to be served.
Compare: 1949, No. 7, s. 102; 1950, No. 51, s. 27; 1955, No. 102, s. 17
124 Special provisions where Government railway available for carriage of goods
(1)
This section applies in every case where an application for a goods-service licence relates to—
(a)
A proposed goods service within the meaning of section 109 of this Act or to the exemption from the provisions of any regulations made or continuing and having effect under this Act (being regulations relating to the carriage of goods by road if there is an available route for their carriage that includes not less than a specified length of open Government railway), and the Licensing Authority proposes to refuse the application; or
(b)
A partial exemption from the provisions of any such regulations.
(2)
In every case to which this section applies, the Licensing Authority—
(a)
Shall have regard to the direction in which it is necessary to carry the goods by road at either end or both ends of the railway part of the route in order to permit of their carriage by railway; and
(b)
If it is of the opinion that it would be undesirable to require the goods to be carried in that direction, may grant the application subject to the condition that the goods are loaded or unloaded at a specified railway station or siding, notwithstanding that to permit the goods to be loaded or unloaded at that railway station or siding would result in the goods being carried by railway for a distance less than the distance that is specified in relation to their carriage by section 109 of this Act or under any such regulations.
125 Grant or refusal of licence
(1)
Subject to the provisions of this Part of this Act, the Licensing Authority may, after duly considering an application therefor, grant or refuse a licence for any transport service.
(2)
A passenger-service licence shall not be refused if the applicant satisfies the Licensing Authority that the application is for a licence for a service exclusively in substitution for an existing tramway service that the applicant has been duly authorised to discontinue. In granting a licence in respect of a service to which this subsection applies, the Licensing Authority shall have the same power of imposing terms and conditions as it has with respect to any other passenger service.
Compare: 1949, No. 7, s. 104
126 Classification of licences
Every transport licence shall be
(a)
A continuous licence, meaning thereby a licence in respect of a service to be carried on throughout the year (whether daily or on specified days of every week or otherwise), or a licence in respect of special events recurring at intervals during the year; or
(b)
A seasonal licence, meaning thereby a licence in respect of a service to be carried on only during a period or periods of the year specified in the licence; or
(c)
A temporary licence, meaning thereby a licence for a service to be carried on for a specified period of not more than fourteen days.
Compare: 1949, No. 7, s. 105
127 Licensing Authority to prescribe terms and conditions of licence
(1)
In granting any transport licence, the Licensing Authority shall prescribe such matters and conditions as may be prescribed by regulations made under this Act.
(2)
Subject to any regulations made under this Act, and without limiting the power to make regulations, the Licensing Authority may also, if it thinks fit, prescribe—
(a)
The class of licence (whether continuous, seasonal, or temporary) and the period of the licence:
(b)
A date on which the service may or shall be commenced:
(c)
The class and number of motor vehicles or harbour ferries, as the case may be, to be used in connection with the service:
(d)
The localities to be served or the route or routes to be traversed:
(e)
The timetables or frequency of service to be observed, either definitely or sufficiently to show the nature of the service permitted:
(f)
The insurance or other security to be provided by the licensee against his liability in respect of the loss of any goods or of damage to any goods that may be conveyed by the service:
(g)
In the case of a harbour-ferry service, the insurance or other security to be provided by the licensee against his liability in respect of the death of or injury to any passenger:
(h)
Any other matters and conditions that the Licensing Authority thinks proper.
(3)
Where it is desirable in the public interest, the Licensing Authority may so fix the timetables as to prevent wasteful competition with alternative forms of transport of any kind (if any) and, in the case of a passenger service, may impose such conditions as it thinks fit to ensure that passengers shall not be taken up or shall not be set down except at specified points, or shall not be taken up or set down between specified points.
(4)
In granting any licence for a taxicab service, the Licensing Authority may, in addition to the matters which it is required to or may prescribe under the provisions of subsection (1) or subsection (2) of this section, prescribe any conditions which it considers necessary for the control of the service in the interests of efficiency or the giving of service to the public or generally desirable in the public interest.
(5)
In granting any licence for a passenger service, other than a taxicab service, the Licensing Authority may, in addition to the matters which it is required to or may prescribe under the provisions of subsection (1) or subsection (2) of this section, prescribe conditions requiring the licensee to provide or cause to be provided suitable shelters or other facilities for the comfort and convenience of passengers and intending passengers at any specified points on the authorised route or routes (including the terminal points thereof) as the Licensing Authority thinks fit.
Compare: 1949, No. 7, s. 106
128 Taxicab organisations
(1)
The rules of every organisation providing telephone or radiotelephone facilities or both for the licensees of taxicab services shall, to the extent that they relate to the service of the public by taxicabs, to the disciplinary provisions in regard to licensees and drivers, and to the rostering of duties to be performed by members of the organisation, be subject to the approval of the appropriate Licensing Authority.
(2)
Every taxicab organisation shall, from time to time upon the request of the appropriate Licensing Authority, produce for the approval of the Licensing Authority a roster of duties of its members and any licensee for whom communication facilities are provided, setting out the minimum number of taxicabs that are to be available to the public at any specified time.
(3)
No taxicab organisation shall, without the prior approval in writing of the Licensing Authority, refuse membership to any person to whom a taxicab-service licence is granted, unless it enters into a continuing agreement for participation in its communication facilities by way of telephone or radiotelephone facilities and participation in any roster of duties in operation.
(4)
Every taxicab organisation shall maintain to the satisfaction of the Licensing Authority communication facilities by way of telephone or radiotelephone or both for receiving and carrying out contracts of hire to meet the reasonable public demand.
(5)
Every taxicab organisation shall record breaches of the operating rules of the organisation and any failure to observe any roster of duties by licensees or drivers; and that record shall be made available for inspection from time to time upon request by the Licensing Authority.
129 Licensees to join taxicab organisations
(1)
It shall be a condition of every taxicab-service licence, whether inserted therein or not, that, unless otherwise provided by the express terms of the licence, the licensee shall—
(a)
Join and remain a member of a taxicab organisation providing communication facilities by way of telephone or radiotelephone or both for taxicabs and operating within the area in which the licensee is authorised to initiate a contract of hire; or
(b)
Enter into a continuing agreement with such an organisation to participate in all the communication facilities and participate in any roster of duties when so provided by the organisation.
(2)
For the purposes of subsection (1) of this section the licensee shall pay to the taxicab organisation such admission and operating fees as the Licensing Authority approves.
(3)
If there is more than one organisation operating within the area within which the licensee is authorised to initiate a contract of hire, the licensee shall join and remain a member of or enter into a continuing agreement as aforesaid with such one of these organisations as the Licensing Authority directs:
Provided that where a licensee has entered into a continuing agreement with a specified organisation as aforesaid, or where there is an agreement between the licensee and a specified organisation that he shall join and remain a member of that organisation, the provisions of this subsection shall not apply.
130 Form and effect of transport licence
(1)
Every transport licence shall be in the prescribed form, and shall take effect according to its tenor to authorise the licensee, but no other person, to carry on a passenger service or a goods service or a rental service or a harbour-ferry service, as the case may be, in accordance with the terms and conditions of the licence during the duration thereof.
(2)
If the Licensing Authority thinks fit, it may include in a passenger-service licence a term authorising the licensee to carry goods for hire or reward, and may include in a goods-service licence a term authorising the licensee to carry passengers for hire or reward.
(3)
In exercising the power conferred by subsection (2) of this section, the Licensing Authority shall determine whether the licence shall be a passenger-service licence or a goods-service licence, and for that purpose may treat an application for a passenger-service licence as an application for a goods-service licence and an application for a goods-service licence as an application for a passenger-service licence.
Compare: 1949, No. 7, s. 107
131 Duration of rental-service licences
(1)
Subject to the provisions of this section, every rental-service licence shall, unless it is sooner revoked, expire on a date to be specified in that behalf in the licence. If the licence is issued on a quarter day, the date so specified shall be not later than three years from the date of issue. In any other case, the date so specified shall be a date not later than three years from the quarter day immediately preceding the date of issue.
(2)
Where application for the renewal of a rental service licence is duly made in accordance with section 132 of this Act, the licence shall, if the application for renewal is not disposed of before the date of expiry of the licence, continue in force until the application is disposed of, unless the Licensing Authority otherwise directs.
(3)
Every rental-service licence in force at the date of the commencement of this Act shall, unless it is sooner revoked, expire on the expiration of three years from that date.
132 Renewal of rental-service licence
(1)
Every application for the renewal of a rental-service licence shall be made in the prescribed form not less than twenty-eight days before the date of expiry of the licence.
(2)
Every application for the renewal of a rental-service licence shall be made in the same manner as an application for a new licence, and, if the applicant satisfies the Licensing Authority that he has complied with the matters mentioned in subsection (1) of section 122 of this Act during the term of the licence and that he is able to continue to comply with those matters, the Licensing Authority shall grant a renewal of the licence.
(3)
In the granting of any renewal of a rental-service licence, the Licensing Authority may either endorse the existing licence or issue a new licence in lieu thereof, but every new licence so issued shall show on its face that it is in renewal of a licence.
(4)
The date of expiry to be specified in any endorsement or new licence made or issued under subsection (3) of this section may be any date not later than three years from the date of expiry specified in the licence that is renewed.
133 Conditions as to vehicles and harbour ferries
(1)
No passenger-service licence or goods-service licence or rental-service licence shall be construed to authorise the use on any road of any motor vehicle prohibited from using that road by virtue of any classification of roads under regulations made pursuant to section 77 of this Act.
(2)
It shall be a condition of every passenger-service licence or goods-service licence or rental-service licence (whether inserted therein or not) that every vehicle to be used in connection with the service shall be maintained in a fit and proper condition to the satisfaction of the Commissioner, and that the requirements of any regulations made for this purpose are duly fulfilled, and also that no vehicle shall be used in connection with the service unless and until all fees payable in respect of the vehicle and the service under any Act, regulation, or bylaw have been duly paid.
(3)
It shall be a condition of every harbour-ferry service licence (whether inserted therein or not) that the licensee shall pay all licence and other fees from time to time due and payable under any Act, regulation, or bylaw in respect of the harbour ferries to be used in the harbour-ferry service and will maintain in force all appropriate certificates required by the Shipping and Seamen Act 1952 in respect of those harbour ferries to enable them to carry passenger or goods for hire, as the case may be, within the limits of the harbour within which the service is to be carried on.
Compare: 1949, No. 7, s. 108
134 Review of taxicab services
(1)
The proper Licensing Authority may at any time, on the application of a local authority, hold a public sitting for the purpose of ascertaining whether the taxicab services being carried on in the district of the local authority are adequate to meet the reasonable public demand in the district and whether or not those services are being carried on in an efficient manner.
(2)
The proper Licensing Authority shall, at intervals not exceeding three years in each case, hold public sittings in respect of taxicab services being carried on in the Auckland, Wellington, Christchurch, and Dunedin Transport Districts and in each city, borough, town district, county town, or other place that has a population exceeding ten thousand and is not situated in any of those transport districts, for the purpose of ascertaining whether those services are adequate to meet the reasonable public demand in the transport district, city, borough, town district, county town, or other place, as the case may be, and whether or not those services are being carried on in an efficient manner.
(3)
For the purposes of a review of taxicab services under this section, the Licensing Authority shall—
(a)
Notify the licensees of the taxicab services that are to be the subject of the review that it intends to review the services under this section; and
(b)
Give not less than fourteen clear days’ public notice of the time and place at which it will hold the public sitting for the purpose of receiving evidence and representations concerning the taxicab services under review by persons who, in the opinion of the Licensing Authority, are directly interested.
(4)
The provisions of subsections (2) to (4) of section 117 of this Act, as far as they are applicable and with the necessary modifications, shall apply with respect to every public sitting under this section as if it were a public sitting for the purpose of dealing with an application for a licence.
(5)
Where on any review under this section the Licensing Authority considers that the taxicab services under review are inadequate to meet the reasonable public demand in the area concerned or that those services are not being carried on in an efficient manner, the Licensing Authority may take such steps as it considers necessary and are within its powers in order to improve the adequacy and efficiency of the services; and in particular, without limiting the generality of the foregoing provisions of this subsection, the Licensing Authority may—
(a)
Notify its intention to authorise a specified number of additional taxicabs in the area, and for that purpose give public notice of its intention to call for applications for the grant of additional licences or the amendment of existing licences to authorise the use of those additional taxicabs:
(b)
Notify its intention to hold a public inquiry under section 141 of this Act in respect of any specified licence on licences or to review any specified licence or licences under the provisions of section 142 of this Act:
(c)
Require any taxicab organisation to introduce a roster of duties or to modify the roster of duties of its members and any licensees for whom it provides communication facilities.
(6)
For the purposes of this section, a taxicab service shall be deemed to be carried on in the place in which a contract of hiring may be initiated.
135 Abandonment or curtailment of service
(1)
It shall also be a condition of every transport licence (whether inserted therein or not) that the licensee will not abandon or curtail the authorised service without the consent of the proper Licensing Authority. Subject to the provisions of section 140 of this Act, the Licensing Authority may refuse its consent under this section to any abandonment or curtailment, or may grant its consent either unconditionally or upon or subject to such conditions as it thinks fit.
(2)
If any licensee abandons or curtails any service in breach of this section, the Licensing Authority may, in its discretion, revoke the licence for that service and all other transport licences held by the licensee, or any of them.
(3)
The provisions of this section shall be read subject to the provisions of subsection (4) of section 2 of the Government Railways Amendment Act 1956.
Compare: 1949, No. 7, s. 109
136 Suspension or curtailment of transport services
(1)
The proper Licensing Authority may, on the application of the licensee, authorise the licensee to suspend or curtail any service in respect of which the licensee is the holder of a licence, for such period, and subject to such conditions as the Licensing Authority thinks fit.
(2)
Where any service is suspended under this section, the licensee shall not be entitled to carry on the service, and no fees under this Act shall accrue or be payable in respect of the licence (except fees which have become due before the commencement of the period of suspension), but the licence shall continue in force throughout the period of suspension.
(3)
The suspension or curtailment of any service under this section shall not—
(a)
Constitute a breach of the terms and conditions of the licence:
(b)
In any way affect the right of the licensee to any protection to which he would be entitled under this Act or any other Act if he had continued to carry on the service in accordance with the terms and conditions of his licence:
(c)
Be grounds upon which the licence may be revoked or suspended or amended or reviewed under section 141 or section 142 of this Act.
(4)
The following persons and no others may at any time apply to the Licensing Authority to cancel the period of the suspension or curtailment of any licence authorised under this section, or to amend the licence in respect of any service which has been suspended or curtailed under this section by altering any of the terms or conditions of the licence or by adding any new terms or conditions, namely:
(a)
The licensee:
(b)
The Commissioner:
(c)
The Minister of Railways:
(d)
Any public body.
Compare: 1949, No. 7, s. 109a; 1953, No. 116, s. 3(1); 1959, No. 105, s. 9(2)(a), (b)
137 Issue of licences
For the purposes of this Part of this Act, a licence shall be deemed to be issued on the day specified therein as the date of issue, which may be earlier or later than the day on which it is in fact signed or issued.
Compare: 1949, No. 7, s. 110(3); 1959, No. 105, s. 9(1)
138 Transfer of licences
(1)
Subject to the provisions of this section, any transport licence may be transferred to any person:
Provided that a taxicab-service licence granted after the commencement of this Act may not be transferred within a period of three years after the licence was granted, and may be transferred within the next succeeding period of three years only in special circumstances.
(2)
Application for the transfer of any transport licence shall be made in the prescribed form, and the provisions of section 116 of this Act shall, with the necessary modifications, apply with respect to every such application as if it were an application for a new licence.
(3)
Subject to the provisions of section 140 of this Act, the Licensing Authority, after duly considering the application and any objections thereto, may refuse the transfer of the licence, or may grant the transfer either unconditionally or upon or subject to such conditions as it thinks fit, but it shall not in any case grant a transfer unless it is satisfied that the proposed transferee is financially able to carry on the service and is likely to carry it on satisfactorily.
Compare: 1949, No. 7, s. 112
139 Amendment of licences
(1)
During the currency of any transport licence, the proper Licensing Authority may, of its own motion or on the application of the licensee, amend the licence by altering or revoking any of the terms or conditions of the licence or by adding any new terms or conditions that in its opinion are necessary in the public interest.
(2)
In the exercise of its powers under subsection (1) of this section, the Licensing Authority may in particular require the licensee to effect such improvements in the service to which the licence relates, whether by way of extension or amendment of the routes authorised, the improvement of the timetable or frequency of service, the improvement of the efficiency of the service, or in any other manner, as the Licensing Authority considers desirable in the public interest.
(3)
Where the Licensing Authority intends of its own motion to amend any licence under this section, the provisions of section 140 of this Act shall, with the necessary modifications, apply as if the Licensing Authority had received an application for the proposed amendment. In any such case a copy of any public notice given under that section shall be given to the licensee not less than fourteen clear days before the expiry of the time specified in the public notice for the receipt of written representations against the proposed amendment.
Compare: 1949, No. 7, s. 113
140 Procedure on applications for transfer, amendment, suspension, or abandonment of licences
(1)
On receiving an application in accordance with the foregoing provisions of this Part of this Act for the transfer or amendment of a transport licence, or for consent to the abandonment or suspension or curtailment of a transport service, the Licensing Authority may, if it thinks fit, give public notice of the receipt of the application, specifying in the notice a time, being not less than fourteen clear days from the date of the notice, within which it will receive written representations against the granting of the application.
(2)
The public notice shall specify the address to which representations are to be forwarded, and shall contain a statement to the effect that if no written representations against the granting of the application are received within the specified time the application may be granted without further notice and without a public sitting of the Licensing Authority.
(3)
If no written representations against the granting of the application are received by the Licensing Authority within the time specified in the public notice, the Licensing Authority may, if it thinks fit, without giving any further notice or holding a public sitting, grant the application in accordance with the terms thereof, without substantial alteration.
(4)
If any written representation against the granting of the application is received by the Licensing Authority within the time specified in the public notice, or if in any other case, after giving the public notice, the Licensing Authority decides not to grant the application under subsection (3) of this section or if the Licensing Authority decides not to give a public notice under this section, the provisions of section 117 of this Act shall, with the necessary modifications, apply with respect to the application as if it were an application for a new licence.
Compare: 1949, No. 7, s. 114; 1953, No. 116, s. 3(2); 1959, No. 105, s. 9(2)(d)
141 Public inquiry into conduct of transport service
(1)
The proper Licensing Authority may at any time, and if so directed by the Minister shall, hold a public inquiry as to whether or not any transport service authorised by a licence under this Part of this Act is being carried on in conformity with the terms and conditions of the licence.
(2)
Notice in writing of the intention to hold the inquiry shall be given to the licensee and to all other persons who in the opinion of the Licensing Authority are interested. The notice shall contain particulars of the time and place fixed for the inquiry and of the matters proposed to be inquired into. The notice to the licensee shall be given not later than fourteen clear days before the day fixed for the inquiry.
(3)
For the purposes of the inquiry the provisions of the Commissions of Inquiry Act 1908 shall, as far as they are applicable and with the necessary modifications, apply as if the Licensing Authority were a Commission of Inquiry appointed under that Act.
(4)
If as a result of the inquiry the Licensing Authority is satisfied that the licensee is not carrying on the service in all respects in conformity with the licence, or that he has disposed of the service to any other person, the Licensing Authority, in its discretion, may revoke the licence, or may suspend the licence for such period as it thinks fit, or may amend the licence by altering or revoking any of its terms or conditions or by adding new terms or conditions.
(5)
In any case where the Licensing Authority is satisfied that the licensee has wilfully committed a breach of any of the terms or conditions of his licence, it may, without holding any inquiry as aforesaid, suspend the licence for such period as it thinks fit.
(6)
If the service authorised by any transport licence is not commenced on the date specified in that behalf in the licence, the Licensing Authority may revoke the licence without holding any inquiry as aforesaid.
Compare: 1949, No. 7, s. 115
142 Review of licences
(1)
If the proper Licensing Authority is at any time of opinion that the circumstances under which any transport licence was granted have changed materially since the licence was granted, or if in the case of a rental-service licence the proper Licensing Authority is of that opinion or the Commissioner so requests, the Licensing Authority may notify the licensee that it intends to review the licence under this section.
(2)
If at any time the Minister so directs, the proper Licensing Authority shall notify the holder of any transport licence that it intends to review the licence under this section.
(3)
Not less than fourteen clear days after the giving of a notification under subsection (1) or subsection (2) of this section, the Licensing Authority shall hold a public sitting for the purpose of reviewing the licence.
(4)
For the purposes of the review of the licence under this section, the provisions of section 117 and also of section 119 or section 121 or section 122 or section 123 of this Act, as the case may require, shall, with the necessary modifications, apply as if the licensee were an applicant for the licence.
(5)
If, after reviewing the licence in accordance with the foregoing provisions of this section and having regard to the circumstances existing at the time of the public sitting, the Licensing Authority is of opinion that it is necessary or desirable in the public interest so to do, it shall revoke the licence, or amend the licence by altering or revoking any of the terms or conditions of the licence or by adding new terms or conditions, or may suspend the licence for such period as it thinks fit.
Compare: 1949, No. 7, s. 116; 1959, No. 105, s. 9(2)(e)
Certificates of Fitness
143 Certificates of fitness or permits
(1)
Subject to the provisions of this section, no person shall use any motor vehicle in connection with a passenger service (whether or not a licence is required under this Part of this Act in respect of the service) or any motor vehicle in connection with a rental service or any goods-service vehicle which is used in connection with a licensed goods service or which is a heavy motor vehicle, unless a certificate of fitness or permit in accordance with regulations under this Act has been issued in respect of the motor vehicle by the Commissioner or by an officer authorised by him in that behalf and is for the time being in force.
(2)
The provisions of subsection (1) of this section shall not apply to—
(a)
Any goods-service vehicle owned by the Crown or by a local authority or public body, and not used in connection with a licensed goods service:
(b)
Any goods-service vehicle owned by a person carrying on business as a farmer (other than as a market gardener) and used exclusively for the carriage of goods in connection with that business otherwise than under the authority of a goods-service licence:
(c)
Any motorcar, if in the carriage of passengers for hire or reward it is used solely for the transport of school children not exceeding seven in number and not exceeding by more than two the designed adult capacity of the vehicle for the carriage of passengers, exclusive of the driver:
(d)
Any motor vehicle which may lawfully be used on the road under the authority of a set of dealers’ plates affixed to it pursuant to subsection (6) of section 22 of this Act:
(e)
Any motor vehicle or any class of motor vehicles for the time being exempted from the provisions of this section by the Governor-General, by Order in Council.
(3)
Every person commits an offence who uses any motor vehicle contrary to the provisions of this section, and is liable to a fine not exceeding one hundred pounds, and to a further fine not exceeding ten pounds for every day on which the offence has been committed.
Compare: 1949, No. 7, ss. 117, 118(1), (2), (3); 1955, No. 102, s. 18; S.R. 1960/21, reg. 18
144 Inspection of vehicles used in transport services
(1)
Any officer of the Department duly authorised by the Commissioner in that behalf may at any time—
(a)
Stop, enter, and inspect any motor vehicle to which section 143 of this Act applies, while that vehicle is being used:
(b)
Enter any place where any such vehicle is kept and inspect that vehicle:
(c)
Make any reasonable running test of any such vehicle at the cost in all things of the owner thereof:
(d)
Require the owner of any such vehicle or any other person for the time being in charge thereof to furnish all such assistance as may be necessary for the purpose of any such inspection or running test:
(e)
Require the production of the current certificate of fitness or permit issued in respect of any such vehicle.
(2)
Every person commits an offence, and is liable to a fine not exceeding ten pounds, who—
(a)
Obstructs or hinders or incites any person to obstruct or hinder any officer of the Department authorised as aforesaid in the exercise of the powers conferred by subsection (1) of this section; or
(b)
Refuses or fails to furnish any such assistance as aforesaid; or
(c)
Having the custody or possession of any certificate of fitness or permit, refuses or fails to produce it to any such officer on demand.
Compare: 1949, No. 7, s. 118(4), (5)
Road and Ferry Transport Charges
145 Charges to be prescribed by public body or Commissioner with right of appeal to Charges Appeal Authority
(1)
Subject to the provisions of section 154 of this Act, the charges which may be made in respect of any transport service owned by a public body shall be prescribed, reviewed, altered, or revoked by that body or by the Transport Charges Appeal Authority, as the case may be, under the provisions of this Part of this Act, and no Licensing Authority or other authority shall exercise any jurisdiction to prescribe, review, alter, or revoke any such charges.
(2)
Subject to the provisions of sections 154 and 155 of this Act, the charges which may be made in respect of any transport service owned by a person not being a public body may be prescribed, reviewed, altered, or revoked by the Commissioner or by the Transport Charges Appeal Authority, as the case may be, under the provisions of this Part of this Act, and no Licensing Authority or other authority shall exercise any jurisdiction to prescribe, review, alter, or revoke any such charges.
(3)
Where, having regard to all the circumstances in any particular case, the public body or the Commissioner, as the case may be, considers it desirable in the public interest so to do, the public body or the Commissioner, as the case may be, may—
(a)
In the case of the letting of motor vehicles on hire, prescribe a maximum charge together, in the case of a one-way hiring, with a fixed additional charge:
(b)
In the case of the carriage of passengers, prescribe a fixed charge or a maximum charge together with a minimum charge:
(c)
In the case of the carriage of goods, prescribe a fixed charge or a maximum charge together with a minimum charge, which shall be ten per cent less than the maximum charge.
(4)
In the case of the one-way hiring of rental vehicles, the fixed additional charge for the return of the vehicles to the original points of hire shall be prescribed with due regard to the expenses involved and the probability of the vehicles being rehired from their destination points to the points of first hiring, either directly or indirectly.
Compare: 1949, No. 7, s. 119; 1950, No. 51, s. 3(1)
146 Prescribing of charges by public body or Commissioner
(1)
The public body owning any transport service may at any time of its own motion, and shall, when an application is made to it under section 148 of this Act, or when so directed by the Charges Appeal Authority, proceed to prescribe, review, or alter the charges which may be made in respect of that service:
Provided that nothing in this subsection shall in any way affect the power of the public body under subsection (3) of this section or under subsection (5) or subsection (6) of section 148 of this Act to decide not to make an order on the application or pursuant to the direction, as the case may be.
(2)
The Commissioner may of his own motion, and shall, when application is made to him under section 148 of this Act or when so directed by the Charges Appeal Authority, proceed to prescribe, review, or alter the charges which may be made in respect of any service or group of services other than a service owned by a public body, or may revoke any order for the time being in force relating to any such charges:
Provided that nothing in this subsection shall in any way affect the power of the Commissioner under subsection (3) of this section or under subsection (5) or subsection (6) of section 148 of this Act to decide not to make an order on the application or pursuant to the direction, as the case may be.
(3)
Where the Charges Appeal Authority has directed a public body or the Commissioner to prescribe, review, or alter the charges in respect of any service or group of services, the public body or the Commissioner, as the case may be, if satisfied after investigating the matter that the circumstances are such that an order prescribing, reviewing, or altering the charges should not be made, may decide not to make an order pursuant to that direction. Every such decision shall be subject to appeal as hereinafter provided.
Compare: 1949, No. 7, s. 123; 1950, No. 51, s. 4
147 Orders of public body or Commissioner not to be questioned except before Charges Appeal Authority
No proceeding of a public body or of the Commissioner under this Part of this Act shall be held bad for want of form, and, except on the ground of lack of jurisdiction, no proceeding or decision of a public body or of the Commissioner under this Part of this Act relating to the charges which may be made in respect of any transport service shall be liable to be challenged, reviewed, quashed, or called in question in any Court, but there shall be a right of appeal therefrom to the Charges Appeal Authority as hereinafter provided.
Compare: 1949, No. 7, s. 124; 1950, No. 51, s. 5
Application to Prescribe Road and Ferry Charges
148 Applications to prescribe charges
(1)
The following persons, and no others, may make application to the public body owning any transport service, or, in the case of a service owned by any person not being a public body, to the Commissioner, to prescribe, review, or alter the charges for the carriage of passengers or goods or the letting of motor vehicles on hire by any transport service, or to revoke any order for the time being in force relating to any such charges, namely:
(a)
Except in the cases provided for by paragraph (e) of this subsection, the holder of or applicant for the licence in respect of which the application is made:
(b)
Any other person whose interests are affected, being the holder of or applicant for a transport licence, the permanent head of a Government Department, a local authority, a public body of any description, or an incorporated body whose members, by reason of the class of persons to which they belong, have a special interest in the type of transport to which the service belongs:
(c)
Any twenty-five or more adult residents of a locality in which the charges are or would be in force:
(d)
Any incorporated body the principal object of which is the protection of the interests of owners of transport services or of any group of owners of transport services:
(e)
All parties to a contract or proposed contract for the carriage of passengers or goods by any such service. In every such case the application shall be made by all parties to the contract or proposed contract or by any one or more of them with the consent of the other or others.
(2)
Every such application shall be in the prescribed form, and shall be forwarded to the public body or to the Commissioner, as the case may require, together with the prescribed fee.
(3)
Any application to the Commissioner under paragraph (d) of subsection (1) of this section may relate to a specified service or to a specified group of services.
(4)
Subject to subsection (3) of this section, the Commissioner may, in his discretion, treat any application to him under subsection (1) of this section in respect of any transport service as an application to prescribe, review, alter, or revoke the charges in respect of all or any services in the group to which that service belongs.
(5)
The public body or the Commissioner, as the case may be, shall make such investigations or inquiries with respect to every application made under this section as it or he thinks necessary in the circumstances of the case, and shall make an order refusing the application or granting it either unconditionally or subject to such modifications as the public body or the Commissioner, as the case may be, thinks fit.
(6)
Where a public body or the Commissioner has decided of its or his own motion to prescribe, review, or alter any charges or has been directed to do so by the Charges Appeal Authority, the public body or the Commissioner, as the case may be, shall make such investigations and inquiries as it or he thinks necessary in the circumstances of the case, and, subject to the provisions of subsection (3) of section 146 of this Act, shall make an order prescribing the charges, or altering or confirming or revoking any existing charges, in such manner as it or he thinks fit.
(7)
Every order prescribing or altering or revoking any charges shall take effect from the date thereof, or from such other date as may be specified in the order.
Compare: 1949, No. 7, s. 125; 1950, No. 51, s. 6; 1958, No. 34, s. 7(1)
149 Notice of decisions to be given
(1)
Notice of every decision of a public body or of the Commissioner refusing an application under section 148 of this Act or refusing to make an order on any such application shall forthwith be given to the applicant by the public body or by the Commissioner, as the case may be. The notice shall specify the date on or before which appeals must be lodged.
(2)
Where an order is made under section 146 or section 148 of this Act prescribing any charges or confirming or altering or revoking any charges, or where a public body or the Commissioner has decided not to make any such order, the public body by which the decision was given or the Commissioner, as the case may be, shall, except in cases where the decision relates to a contract or proposed contract between the user of any service and the licensee thereof, forthwith give public notice thereof, specifying in the notice such of the following particulars as are applicable in the circumstances of the case:
(a)
The name of the holder of every licence affected by the decision or a description of the group of services affected by the decision:
(b)
Particulars of the charges as prescribed or altered or confirmed or revoked by the order, or a place where those particulars may be ascertained:
(c)
The date from which any order prescribing any charges or altering or revoking any charges takes effect:
(d)
The date on or before which appeals must be lodged.
(3)
The public body or the Commissioner, as the case may be, shall forthwith send a copy of every notice under subsection (2) of this section to the applicant and, where the application was made by some person other than the holder of or applicant for the licence or licences concerned, or where the decision was made by the public body or by the Commissioner of its or his own motion or pursuant to directions given by the Charges Appeal Authority, to the holder of or applicant for the licence or licences concerned.
(4)
For the purposes of subsection (3) of this section, notice given by the Commissioner to any organisation appearing to him to be representative of any group of holders of transport licences shall be deemed to be notice to the several holders of those licences.
(5)
Where the decision relates to a contract or proposed contract between the user of any service and the licensee thereof, the Commissioner shall give written notice containing those particulars to all parties to the contract or proposed contract.
(6)
Where no appeal is made within the time prescribed, the decision of the public body or of the Commissioner, as the case may be, shall be final and conclusive.
Compare: 1949, No. 7, s. 126; 1950, No. 51, s. 7; S.R. 1960/21, reg. 13
Tramway Fares
150 Tramway fares, tolls, and charges to be prescribed by public body or Commissioner
(1)
In this section the expression “tramway”
means a tramway to which the Tramways Act 1908 applies, and the expression “promoters”
has the same meaning as in that Act.
(2)
The tolls, fares, and charges for the carriage of passengers or goods by any service by a tramway which may be demanded and taken by the promoters of that tramway shall be prescribed from time to time, where the promoters are a public body, by that body, and in every other case by the Commissioner, or, in the event of an appeal from the decision of the public body or of the Commissioner, as the case may be, by the Charges Appeal Authority, as if the tramway service were a transport service to which this Part of this Act applied, and as if the promoters were the holders of a licence in respect of that service under this Part of this Act; and for that purpose the provisions of this Part of this Act shall, as far as they are applicable and with the necessary modifications, apply accordingly.
Compare: 1949, No. 7, s. 127; 1950, No. 51, s. 8
General Provisions as to Transport Charges
151 Principles to be observed by public body or Commissioner and Charges Appeal Authority
In any proceedings under this Act to prescribe, review, or alter any transport charges, the public body or the Commissioner or, as the case may be, the Charges Appeal Authority shall have due regard to the necessity of preserving and promoting the social and economic welfare of the people of New Zealand, and in particular to—
(a)
The promotion and maintenance of the economic stability of New Zealand:
(b)
The desirability of increasing national production by granting concessions on the carriage of producers’ goods:
(c)
The desirability of providing special fares for all regular users of services for the carriage of passengers:
(d)
The desirability of providing that children under the age of four years shall be carried free of charge, and that children who have attained the age of four years but have not attained the age of fifteen years shall be carried at half adult rates:
(e)
The desirability of maintaining a reasonable standard of living and satisfactory working conditions in the road-transport and harbour-ferry industries:
(f)
The maintenance of the efficiency of the transport services to which the proceedings relate.
Compare: 1949, No. 7, s. 129; 1950, No. 51, s. 8
152 Effect of decisions relating to group of transport services
Every decision of the Commissioner or of the Charges Appeal Authority relating to a group of transport services and for the time being in force shall apply with respect to every transport service at any time comprised within the description of the group, whether the licence for any such service has been granted before or after the notification of the decision.
Compare: 1949, No. 7, s. 130; 1950, No. 51, s. 8
153 Charges to conform to those prescribed by order
(1)
Every person commits an offence who in carrying on any transport service imposes any charge—
(a)
That differs from the amount in that behalf allowed by any decision of a public body or of the Commissioner or of the Charges Appeal Authority, as the case may be, for the time being in force; or
(b)
In a case where a maximum charge and minimum charge have been prescribed by any such decision, that exceeds the maximum charge or is less than the minimum charge; or
(c)
In a case where a maximum charge only has been prescribed by any such decision, that exceeds the maximum charge.
(2)
Every person who commits an offence against this section is liable to a fine not exceeding ten pounds, and his licence shall be subject to revocation or suspension under the provisions of section 141 of this Act.
(3)
Where the charges payable under any contract or proposed contract are prescribed or altered by a public body or by the Commissioner or by the Charges Appeal Authority, it shall be deemed to be a condition of every licence to which the decision relates that the licensee shall carry out the terms of the contract or proposed contract and carry the passengers or goods to which the contract or proposed contract relates at the charges prescribed or altered by the said decision.
Compare: 1949, No. 7, s. 131; 1950, No. 51, s. 8
154 Charges payable under temporary licences
Notwithstanding anything in this Part of this Act, where any temporary licence for any transport service is granted under section 103 or section 104 or subsection (2) of section 127 of this Act, the Chairman of the Licensing Authority or the Licensing Authority or other person, as the case may be, shall prescribe the charges payable in respect of that licence, and in so doing shall have regard as far as possible to any charges for the time being in force prescribed in respect of any similar transport service carried on in the district of the Licensing Authority. There shall be no appeal from the decision of the Chairman or of the Licensing Authority or other person prescribing those charges.
Compare: 1949, No. 7, s. 133
155 Commissioner not to prescribe certain charges
Nothing in this Part of this Act shall be deemed to confer on the Commissioner any jurisdiction to prescribe, review, or alter the fares to be charged on any road passenger service carried on by the Minister of Railways to which Part III of the Government Railways Act 1949 applies.
Compare: 1949, No. 7, s. 134; 1950, No. 51, s. 8; 1955, No. 102, s. 19(2)
Licensing Appeal Authority and Charges Appeal Authority
156 Transport Licensing Appeal Authority
For the purposes of this Part of this Act, the Governor-General may from time to time appoint any qualified person to be the Transport Licensing Appeal Authority.
Compare: 1949, No. 7, s. 135
157 Transport Charges Appeal Authority
For the purposes of this Part of this Act, the Governor-General may from time to time appoint any qualified person to be the Transport Charges Appeal Authority.
Compare: 1949, No. 7, s. 136
158 Deputy of Licensing Appeal Authority or Charges Appeal Authority
(1)
Where the Licensing Appeal Authority or the Charges Appeal Authority becomes for any cause incapable of acting, or where he considers it not proper or desirable that he should adjudicate on any appeal pending before him, the Governor-General may appoint a qualified person to be the Deputy Transport Licensing Appeal Authority or the Deputy Transport Charges Appeal Authority, as the case may be.
(2)
The person so appointed shall, subject to any conditions or limitations and for the period of his appointment, have all the powers, duties, and functions of the Licensing Appeal Authority or of the Charges Appeal Authority, as the case may be.
(3)
The fact that any person is acting as the Deputy Transport Licensing Appeal Authority or Deputy Transport Charges Appeal Authority shall be conclusive evidence of his authority so to do, and no person shall be concerned to inquire whether the occasion for his appointment had arisen or ceased.
(4)
No person shall be appointed the Deputy Transport Licensing Appeal Authority or Deputy Transport Charges Appeal Authority unless he is eligible for appointment as Licensing Appeal Authority or Charges Appeal Authority, as the case may be.
Compare: 1949, No. 7, s. 136a; 1961, No. 105, s. 3
159 Qualifications for appointment as Licensing Appeal Authority or Charges Appeal Authority
(1)
The person appointed to be the Licensing Appeal Authority or the Charges Appeal Authority shall be a barrister or solicitor of the Supreme Court of not less than seven years’ practice, whether or not he holds or has held any judicial office.
(2)
Any person appointed under this section to be the Licensing Appeal Authority or the Charges Appeal Authority shall hold that office concurrently with any other office held by him.
(3)
Nothing in this section shall be construed to deprive the person for the time being appointed as the Licensing Appeal Authority or the Charges Appeal Authority from exercising any jurisdiction as the holder of any office under any other Act.
Compare: 1949, No. 7, s. 137
160 Seal
The Licensing Appeal Authority and the Charges Appeal Authority shall each have a seal which shall be judicially noticed in all Courts.
Compare: 1949, No. 7, s. 138
161 Functions of Licensing Appeal Authority
The functions of the Licensing Appeal Authority shall be to sit as a judicial authority for the determination of appeals from any decision of a Licensing Authority.
Compare: 1949, No. 7, s. 139
162 Functions of Charges Appeal Authority
(1)
The functions of the Charges Appeal Authority shall be to sit as a judicial authority for the determination of appeals from any decision of a public body or of the Commissioner under this Part of this Act in relation to transport charges, or from any decision of the Minister of Railways prescribing scales of charges in respect of any road passenger service to which Part III of the Government Railways Act 1949 relates.
(2)
The Charges Appeal Authority may also from time to time issue directions to the appropriate public body or the Commissioner, as the case may require, to proceed to prescribe or review the charges for any service or group of services, whether the charges to be reviewed have been prescribed before or after the commencement of this Act.
Compare: 1949, No. 7, s. 140; 1950, No. 51, s. 8; 1955, No. 102, s. 19(1); 1956, No. 55, s. 9(3)(b)
163 Evidence in proceedings before Licensing Appeal Authority or Charges Appeal Authority
(1)
The Licensing Appeal Authority and the Charges Appeal Authority may each receive as evidence any statement, document, information, or matter that may in his opinion assist him to deal effectually with the matters before him, whether or not the same would be otherwise admissible in a Court of law.
(2)
Subject to the foregoing provisions of this section, the Evidence Act 1908 shall apply to the Licensing Appeal Authority and the Charges Appeal Authority, and to all proceedings before the Licensing Appeal Authority or the Charges Appeal Authority, in the same manner as if the Licensing Appeal Authority or the Charges Appeal Authority, as the case may be, were a Court within the meaning of that Act.
(3)
The Licensing Appeal Authority and the Charges Appeal Authority shall each within the scope of his jurisdiction be deemed to be a Commission of Inquiry under the Commissions of Inquiry Act 1908, and, subject to the provisions of this Act, all the provisions of that Act shall apply accordingly.
Compare: 1949, No. 7, s. 141
164 Proceedings before Licensing Appeal Authority or Charges Appeal Authority not to be questioned for want of form or be subject to appeal
Proceedings before the Licensing Appeal Authority or the Charges Appeal Authority shall not be held bad for want of form. No appeal shall lie from any order of the Licensing Appeal Authority or the Charges Appeal Authority, and, except on the ground of lack of jurisdiction, no proceedings or order of the Licensing Appeal Authority or the Charges Appeal Authority shall be liable to be challenged, reviewed, quashed, or called in question in any Court.
Compare: 1949, No. 7, s. 142
165 Sittings of Charges Appeal Authority
(1)
Every sitting of the Charges Appeal Authority shall be held in public and at such place as he deems most convenient having regard to the nature of matters to be decided:
Provided that the Charges Appeal Authority may in any case, if he considers it in the interests of the parties and of all other persons concerned, order that the hearing or any part thereof shall be held in private.
(2)
Any sitting of the Charges Appeal Authority may be adjourned from time to time and to any other place.
(3)
The Charges Appeal Authority may make an order prohibiting the publication of any report or description of the proceedings or of any part of the proceedings in any appeal before him:
Provided that no such order shall be made prohibiting the publication of the names and descriptions of the parties to the appeal, or particulars of any licence thereby affected or of any decision of the Charges Appeal Authority.
(4)
Except as hereinbefore provided, the Charges Appeal Authority shall determine his own procedure.
Compare: 1949, No. 7, s. 143
Appeals to Licensing Appeal Authority and Charges Appeal Authority
166 Appeals to Licensing Appeal Authority from decisions of Licensing Authorities
(1)
There shall be a right of appeal within twenty-one days after the date of the decision to the Licensing Appeal Authority from the whole or any part of any decision of a Licensing Authority in respect of any transport licence or in respect of any application made to the Licensing Authority.
(2)
The following persons, and no others, may appeal as aforesaid, namely:
(a)
The person in respect of whose application the decision of the Licensing Authority was given:
(b)
The holder of the licence in respect of which the decision was given:
(c)
The Commissioner:
(d)
Any other person affected by the decision, being the holder of a transport licence, the permanent head of a Government Department, a local authority, or a public body, or an incorporated body whose members, by reason of the class of persons to which they belong, have a special interest in the type of transport to which the service belongs:
(e)
Any incorporated body the principal object of which is the protection of the interests of owners of transport services or of any group of owners of transport services:
(f)
Any one or more of the signatories to a petition presented to the Licensing Authority pursuant to paragraph (h) of subsection (2) of section 119 or paragraph (1) of subsection (1) of section 121 or subsection (4) of section 123 of this Act:
(g)
Any twenty-five or more adult residents of any locality affected by the decision of the Licensing Authority:
(h)
The Director of Stabilisation under the Economic Stabilisation Act 1948, or any officer in the service of the Crown authorised by the Director in that behalf:
(i)
The Director of Rehabilitation under the Rehabilitation Act 1941, or any officer in the service of the Crown authorised by the Director in that behalf, in any case where the decision of the Licensing Authority concerns a licence or transfer of a licence owned by, applied for, or opposed by or in the interests of a discharged serviceman within the meaning of Part I of the Rehabilitation Act 1941:
(j)
Any other person affected by the decision, being an unsuccessful applicant at the sitting at which the decision was given for a licence in respect of a service the same as or substantially the same as the service in respect of which a licence was granted by that decision:
(k)
Any other person who in the opinion of the Licensing Appeal Authority is adversely affected by the decision.
Compare: 1949, No. 7, s. 144; 1950, No. 51, s. 29; 1959, No. 105, s. 10(1)
167 Appeals to Charges Appeal Authority from orders of public body or Commissioner
Within twenty-one days after publication of the notice of any order of a public body or of the Commissioner under this Part of this Act, or (where the order related to a contract or proposed contract between the user of any service and the licensee thereof) within twenty-one days after service of the notice given pursuant to subsection (5) of section 149 of this Act, any of the following persons may appeal to the Charges Appeal Authority from the order of the public body or of the Commissioner or from any part thereof:
(a)
Any person entitled, pursuant to subsection (1) of section 148 of this Act, to make an application to prescribe, alter, or review the charges to which the order relates:
(b)
The Director of Stabilisation under the Economic Stabilisation Act 1948, or any officer in the service of the Crown authorised by the Director in that behalf:
(c)
The Director of Rehabilitation under the Rehabilitation Act 1941, or any officer in the service of the Crown authorised by the Director in that behalf, in any case where the order of the public body or of the Commissioner concerns a licence owned by, applied for, or opposed by or in the interests of a discharged serviceman within the meaning of Part I of the Rehabilitation Act 1941:
(d)
Any other person who in the opinion of the Charges Appeal Authority is adversely affected by the order.
Compare: 1949, No. 7, s. 145; 1950, No. 51, s. 8; 1959, No. 105, s. 10(2)
168 Appeals to Transport Charges Appeal Authority in respect of fares prescribed for Wellington-Johnsonville road passenger services
Within twenty-one days after the publication in the Gazette of notice of any decision of the Minister of Railways under section 33 of the Government Railways Act 1949 prescribing scales of charges in respect of any road passenger service to which Part III of that Act applies, any person who, if the service were one to which section 148 of this Act applied, would be entitled under subsection (1) of that section to make an application to alter or review the charges may appeal to the Charges Appeal Authority from that decision or from any part thereof.
Compare: 1949, No. 7, s. 145a; 1955, No. 102, s. 19(1); 1956, No. 55, s. 9(6)
169 Extending time for appeal
Notwithstanding anything in section 166 or section 167 or section 168 of this Act, the Licensing Appeal Authority or the Charges Appeal Authority, as the case may be, may in his discretion hear and determine an appeal that is lodged with the Commissioner after the expiration of the period for appeal specified in those sections, if the appeal is lodged not later than one month after the date of the expiration of that period.
Compare: 1949, No. 7, s. 145b; 1959, No. 105, s. 11
170 Procedure on appeals
(1)
Every appeal to the Licensing Appeal Authority or the Charges Appeal Authority shall be in the prescribed form and, in the case of appeals by persons other than the Commissioner, shall be forwarded to the Commissioner together with the prescribed fee.
(2)
Every such appeal shall forthwith be referred by the Commissioner to the Licensing Appeal Authority or the Charges Appeal Authority, as the case may require, for determination in accordance with the provisions of this Part of this Act.
(3)
For the purposes of every such appeal, the Licensing Authority or the public body or the Commissioner, as the case may be, shall furnish to the Licensing Appeal Authority or the Charges Appeal Authority, as the case may require, a copy of any notes of evidence taken by the Licensing Authority or the public body or the Commissioner, as the case may be, in connection with the subject-matter of the appeal.
(4)
As soon as conveniently may be after the receipt of any appeal to the Charges Appeal Authority, that Authority shall fix a time and place for the hearing of the appeal and, except where the appeal relates to charges payable under any contract or proposed contract between the user of any service and the licensee thereof, shall give not less than fourteen clear days’ public notice thereof, and shall also give not less than fourteen clear days’ notice in writing thereof to the appellant and to the holder of or applicant for the licence in respect of which the appeal is made, and to the Minister of Railways in the case of an appeal against any decision of that Minister.
(5)
Where the appeal relates to the charges payable under any contract or proposed contract between the user of any service and the licensee thereof, the Charges Appeal Authority shall give written notice of the time and place fixed for the hearing of the appeal to all parties to the contract or proposed contract.
Compare: 1949, No. 7, s. 146; 1950, No. 51, s. 8; 1955, No. 102, s. 19(4); 1956, No. 55, s. 9(3)(b)
171 Rights of licensee pending determination of appeal
(1)
Pending the determination of any appeal to the Licensing Appeal Authority against a decision of a Licensing Authority, the licensee may carry on the service to which the appeal relates in the manner in which and to the extent to which he was lawfully carrying it on at the time when the decision of the Licensing Authority was given or, in the case of a decision granting a new licence to him or extending the provisions of his existing licence, in accordance with the terms of that decision.
(2)
Every decision of a public body or of the Commissioner or of the Minister of Railways against which an appeal to the Charges Appeal Authority is lodged shall continue in force and have effect according to its tenor pending the determination of the appeal.
Compare: 1949, No. 7, s. 147; 1950, No. 51, s. 30(1); 1955, No. 102, s. 19(2); 1956, No. 55, s. 9(3)(b)
172 Hearing and determination of appeal
(1)
The Licensing Appeal Authority in determining any appeal shall not be bound to hear any person or to take any evidence or to receive any representations from any person:
Provided that where there is no formal hearing of an appeal the Licensing Appeal Authority shall receive any written representations made by a person entitled to appeal under section 166 of this Act.
(2)
In his determination of any appeal the Licensing Appeal Authority may confirm, modify, or reverse the decision under appeal.
(3)
At the hearing of any appeal to the Charges Appeal Authority, the Authority shall hear all evidence tendered and representations made by or on behalf of the appellant and other persons which he considers relevant to the subject-matter of the appeal, save that at any time during the hearing he may decide not to receive further evidence or representations.
(4)
At the hearing of any appeal to the Charges Appeal Authority against a decision of the Commissioner, the Commissioner shall be represented, and shall furnish to the Authority reasons for his decision and all available evidence on which that decision was based.
(5)
At the hearing of any appeal to the Charges Appeal Authority against a decision of the Minister of Railways, the Minister of Railways shall be represented, and shall furnish to the Authority reasons for his decision and all available evidence on which that decision was based.
(6)
After hearing the evidence and representations as aforesaid, the Charges Appeal Authority may confirm, discharge, or vary the decision of the public body or the Commissioner or the Minister of Railways, as the case may be, and generally make such order as he considers just and equitable in the circumstances of the case. Every such order shall take effect from the date thereof or from such other date as may be specified therein.
Compare: 1949, No. 7, s. 148; 1950, No. 51, ss. 8, 10, 26(3), (4); 1955, No. 102, s. 19(2); 1956, No. 55, s. 9(3)(b)
173 Licensing Appeal Authority or Charges Appeal Authority may refer appeals back to Licensing Authority or public body or Commissioner
(1)
Notwithstanding any-thing to the contrary in section 172 of this Act, the Licensing Appeal Authority or the Charges Appeal Authority may in any case, instead of determining any appeal under that section, direct the Licensing Authority from whose decision the appeal has been made or the public body or the Commissioner or the Minister of Railways, as the case may be, to reconsider the matter.
(2)
In any case where the Licensing Appeal Authority or the Charges Appeal Authority issues a direction under subsection (1) of this section, the decision under appeal shall have no effect, and the Licensing Authority or the public body or the Commissioner or the Minister of Railways, as the case may be, shall again consider the matter as if no decision had previously been made, and, in any case to which the provisions of section 117 or section 140 or subsections (5) to (7) of section 148 of this Act apply, as if no steps had been taken under those provisions.
(3)
Pending the reconsideration under this section by a Licensing Authority of any matter which relates to a transport licence, the holder of the licence may, subject to any limitations or conditions imposed by the Licensing Appeal Authority, carry on the service in the manner in which and to the extent to which he was lawfully carrying it on at the time when the decision under appeal was given, or, in the case of a decision granting a new licence to him or extending the provisions of his existing licence, in accordance with the terms of that decision.
(4)
The provisions of subsection (2) of section 171 of this Act shall apply with respect to every decision which is the subject of an appeal to the Charges Appeal Authority and which is referred by that Authority for reconsideration by a public body or by the Commissioner or the Minister of Railways.
(5)
Where the Licensing Appeal Authority or the Charges Appeal Authority directs the reconsideration of any matter under this section, he shall advise the Licensing Authority or the public body or the Commissioner or the Minister of Railways, as the case may be, of his reasons for so doing, and the Licensing Authority or the public body or the Commissioner or the Minister of Railways, as the case may be, in reconsidering the matter shall have regard to those reasons.
Compare: 1949, No. 7, s. 149; 1950, No. 51, ss. 8, 30(2), (3); 1955, No. 102, s. 19(2); 1956, No. 55, s. 9(3)(b)
174 Notice of decision on appeal
(1)
The determination of the Licensing Appeal Authority in any appeal shall be communicated by the Licensing Appeal Authority to the Commissioner, who shall thereupon notify it to the proper Licensing Authority, and to every other person who in the opinion of the Commissioner is directly concerned, and the Licensing Authority shall forthwith take all necessary steps to carry into effect the decision of the Licensing Appeal Authority.
(2)
Except where the appeal relates to the charges payable under a contract or proposed contract between the user of any service and the licensee thereof, the Commissioner shall forthwith after the Charges Appeal Authority has given his decision on any appeal under this Part of this Act give public notice thereof, which notice shall specify—
(a)
The name of the holder of every licence affected by the decision or a description of any group of services affected by the decision:
(b)
Particulars of the charges as prescribed or altered by the Charges Appeal Authority or a place where particulars of those charges may be inspected by any person interested:
(c)
The date from which those charges operate.
(3)
Where the decision relates to a contract or proposed contract between the user of any service and the licensee thereof, the Commissioner shall give written notice containing those particulars to all parties to the contract or proposed contract.
Compare: 1949, No. 7, s. 150; 1950, No. 51, s. 31
175 Appeal Authority may state case
The Licensing Appeal Authority or the Charges Appeal Authority may, on the application of any party to any proceedings before him or of his own motion, state a case for the opinion of the Court of Appeal on any question of law arising in the proceedings.
Compare: 1949, No. 7, s. 150a; 1959, No. 105, s. 12
176 Orders as to costs
(1)
On the determination of any appeal, the Licensing Appeal Authority or the Charges Appeal Authority may make such order as to payment and amount of costs to any party to the appeal as he thinks fit.
(2)
For the purpose of enforcing any such order of the Licensing Appeal Authority or of the Charges Appeal Authority, a duplicate of the order may be filed in the office of the Magistrate’s Court specified in the order, and shall thereupon be enforceable in all respects as a final judgment of that Court in its civil jurisdiction.
Inquiries into Accidents to Motor Vehicles Used in Licensed Services
177 Notice of accidents to be given to Commissioner
(1)
The owner of every motor vehicle used in connection with any passenger service or goods service or rental service licensed under this Part of this Act shall, within forty-eight hours after the occurrence in connection therewith of any accident attended by serious injury to any person, or by serious damage to the property of any person, give notice thereof by telegram to the Commissioner.
(2)
Every notice under this section shall be transmitted free by the Post Office.
Compare: 1949, No. 7, s. 151
178 Inquiries into accidents
(1)
The Minister may, if he thinks fit, direct an inquiry to be made into the cause of any accident notified to the Commissioner pursuant to section 177 of this Act for the purpose of establishing—
(a)
The cause of the accident and the circumstances in which it arose; and
(b)
Any facts which, in the interests of public safety, should be known to the authorities charged with the administration of commercial road transport, in order that appropriate measures may be taken for the safety of persons engaged in the activities of commercial road transport and of the public.
(2)
The inquiry shall not be concerned with the civil or criminal liability of any person arising out of the accident in respect of which the inquiry is being held, and no evidence relating to any such liability shall be admitted to the inquiry, unless in the opinion of the person or persons conducting the inquiry the evidence is necessary for establishing any of the matters referred to in subsection (1) of this section.
(3)
Every inquiry under this section shall be made by a person or persons appointed in that behalf by the Minister, who may, in his discretion, direct that the inquiry be a public inquiry, in which case the person or persons holding the inquiry shall, for the purposes thereof, have all the powers of a Coroner under the Coroners Act 1951.
(4)
For the purpose of enabling the person or persons making any inquiry under this section to ascertain the cause of the accident, that person or those persons, or any other person appointed by him or them or by the Minister, may inspect and, at the expense of the owner, make any reasonable tests of any motor vehicle in connection with which the accident occurred or of any other motor vehicle.
(5)
For the purpose of any such inspection the person so appointed, with such assistants as he deems necessary, may enter at any reasonable time any premises where the vehicle is. Every person who obstructs him or any of his assistants in the exercise of his powers under this subsection commits an offence.
Compare: 1949, No. 7, s. 152
General Provisions
179 Additional matters to be considered by authority dealing with any application
(1)
In considering any application or other matter under this Part of this Act, the Minister, or the Licensing Authority, or the Licensing Appeal Authority, or the Charges Appeal Authority, or the public body, or the Commissioner, or other person or body dealing with the application or matter shall, in addition to other matters required to be considered by any other provisions of this Part of this Act, have regard to the following matters:
(a)
The provision of modern transport facilities best suited according to the nature of the service to meet the needs of national production and living standards and of national defence:
(b)
The fair and impartial regulation of all forms of public transport in order to develop and maintain transportation facilities adequate to meet the needs of New Zealand and of national and Commonwealth defence; and for those purposes so to administer the transportation facilities as to—
(i)
Recognise and preserve the inherent advantages of each form of transport; and
(ii)
Promote safe, adequate, economic, and efficient service, and the fostering of sound economic conditions in transportation; and
(iii)
Encourage the establishment and maintenance of reasonable transport charges without unjust discrimination, undue preference or advantage, or unfair or destructive practices; and
(iv)
Promote good working conditions for workers.
(2)
This section shall not apply with respect to any application or other matter relating to taxicab services or rental services, except applications and other matters relating to fares and charges in respect of such services.
Compare: 1949, No. 7, s. 153; 1950, No. 51, s. 8
180 Registers of licences
(1)
The Commissioner shall keep registers of transport licences, and such other registers as may be prescribed or as he deems necessary.
(2)
Any of the contents of any register kept by the Commissioner may be proved in any proceedings by a certificate, purporting to be signed by the Commissioner or by an officer of the Department authorised for the purpose by the Commissioner, and every such certificate shall, until the contrary is proved, be sufficient evidence of the matters stated therein.
(3)
The fact that any such certificate purports to be signed by an officer of the Department authorised for the purpose by the Commissioner shall, until the contrary is proved, be sufficient evidence of the authority of that officer to sign it.
(4)
A certificate purporting to be signed by the Commissioner that on a date specified in the certificate the name of any person did not appear in any register as the holder of a licence under this Part of this Act shall, until the contrary is proved, be sufficient evidence that that person was not the holder of such a licence on that date.
Compare: 1949, No. 7, s. 154
181 Accounts to be kept and returns to be made by licensees
(1)
Every person carrying on any transport service pursuant to a licence under this Part of this Act shall keep in relation thereto such accounts and records, and shall furnish to the Commissioner such financial and statistical returns and statements and such copies of accounts, based on the accounts and records so kept by him, as may from time to time be prescribed.
(2)
Every person required to keep any accounts or records as aforesaid shall from time to time, as required for the purposes of this Part of this Act by the Commissioner or by any officer authorised by him in that behalf, furnish in writing any information or produce for inspection any books or documents (including the said accounts or records) that may be in his knowledge, possession, or control.
Compare: 1949, No. 7, s. 155
182 Information for offences under this Part
(1)
Except in the case of offences against subsection (7) of section 99 of this Act, every information for an offence against this Part of this Act shall be laid by the Commissioner or a constable or a person appointed in that behalf by the Commissioner.
(2)
No person appointed by the Commissioner under this section shall be called upon to prove that he has been so appointed.
Compare: 1949, No. 7, s. 156; 1957, No. 87, s. 213
183 Evidence and proof
In any proceedings for an offence against this Part of this Act,—
(a)
If it is shown that passengers or goods were carried in or on or drawn by any motor vehicle or harbour ferry, the passengers or goods shall be deemed to have been carried or drawn in such manner as to bring the motor vehicle or harbour ferry under the requirements of this Part of this Act, unless the defendant satisfies the Court to the contrary:
(b)
Any licence, certificate, or other document issued under this Part of this Act or under any regulations made under this Act may be proved by the production of a copy thereof certified to be correct and purporting to be signed by the Commissioner or by an officer of the Department authorised in that behalf by the Commissioner, and every such officer shall, until the contrary is proved, be presumed to be duly authorised to sign it:
(c)
The allegation in the information that a harbour-ferry service is being carried on within a harbour-ferry service district shall be sufficient evidence of that fact until the contrary is proved:
(d)
Judicial notice shall be taken of the signature of the Minister, of the Commissioner, and of the Chairman and every other member of every Licensing Authority:
(e)
A copy of the Government Railways working timetables shall be sufficient evidence of the length of railway between places as set out therein:
(f)
Evidence of the length of any specified road computed from a map issued by the Department of Lands and Survey shall be sufficient evidence of the length of that road until the contrary is proved.
Compare: 1949, No. 7, s. 157; 1950, No. 51, s. 8
184 Effect of this Part on other Acts and bylaws
(1)
Every provision in any Act conferring on the Crown or on any local authority or public body power to carry on any service for the carriage of passengers or goods by means of motor vehicles or harbour ferries shall be read subject to the provisions of this Part of this Act.
(2)
No transport service, and no motor vehicle or harbour ferry, and no person shall, by reason only of anything done pursuant to a licence under this Part of this Act, be subject to any bylaws made by any local authority with respect to vehicles or harbour ferries plying or otherwise available for hire, or be liable to obtain a licence pursuant to any such bylaw.
(3)
Nothing in this Part of this Act shall apply with respect to any shipping service carried on by the Marine Department pursuant to section 512 of the Shipping and Seamen Act 1952.
(4)
Except as provided in this section and as otherwise specially provided in this Act, the provisions of this Part of this Act are in addition to and shall not derogate from the provisions of other Parts of this Act and of other Acts relating to the licensing, control, or taxation of vehicles or harbour ferries or of persons using vehicles or harbour ferries.
Compare: 1949, No. 7, s. 158
185 Application of fees and fines, and expenses of administration
(1)
Except as provided in subsection (2) of this section, all fees, fines, and other money received or recovered under this Part of this Act shall be paid into the Public Account to the credit of the Consolidated Fund, and all expenses incurred in carrying out the provisions of this Part of this Act shall be paid out of money to be from time to time appropriated by Parliament.
(2)
All fees in respect of an application to a public body to prescribe, review, or alter any charges payable in respect of a transport service shall be paid to that body and form part of its general funds.
(3)
There shall, without further appropriation than this subsection, be paid to each of the Auckland, Wellington, Christchurch, and Dunedin City Councils a prescribed portion of the fees received in respect of taxicab services carried on wholly within the transport district in which each city is situated.
(4)
All expenses incurred by any public body in carrying out the provisions of this Part of this Act relating to transport charges shall be paid out of its general funds.
Compare: 1949, No. 7, ss. 85(6), 159; 1950, No. 51, s. 8
186 Regulations
Without limiting the general power to make regulations conferred by section 199 of this Act, regulations may be made under that section for all or any of the following purposes:
(a)
Prescribing forms of applications and licences under this Part of this Act and all other forms that may be required in relation to such licences or to any application in respect thereof:
(b)
Prescribing registers to be kept under this Part of this Act, the form thereof, the matters to be entered therein, and the means by which entries therein shall be verified:
(c)
Prescribing the accounts and records required to be kept by any person in relation to any transport service carried on by him, and prescribing the forms in which the accounts and records shall be kept:
(d)
Providing for the furnishing by any person of information for any purpose under this Part of this Act; and prescribing the nature of the information, and the form, manner, and time in or at which it shall be furnished:
(e)
Prescribing all other forms that may be deemed necessary for any purpose under this Part of this Act:
(f)
Providing for the custody, production, and cancellation or revocation of licences, certificates, permits, and other documents issued under this Part of this Act or under regulations made under this Act, and providing for and requiring the return thereof upon revocation or amendment:
(g)
Prescribing the conditions on which duplicates of or substitutes for any document may be issued, and the fees to be paid in respect of the issue thereof:
(h)
Prescribing any matters that may be deemed necessary with respect to insurance or other security required under this Part of this Act against injury to persons or loss of property or damage to property:
(i)
Regulating the procedure of Licensing Authorities:
(j)
Regulating the lodging, hearing, and determination of appeals and the holding of inquiries under this Part of this Act:
(k)
Classifying passenger services, goods services, rental services, and harbour-ferry services, and the vehicles or harbour ferries, as the case may be, that may be used in connection therewith:
(l)
Prescribing matters in relation to the design, construction, equipment, condition, and inspection of vehicles that may be used in connection with transport services; providing for and regulating the issue, duration, conditions, and revocation of certificates of fitness and permits for such vehicles; and generally prescribing the conditions upon or subject to which they may be used and regulating the use thereof:
(m)
Prescribing the documents, plates, and marks to be carried by vehicles or harbour ferries used in connection with transport services, and the manner in which they are to be carried, and providing for and regulating the issue, duration, conditions, revocation, and replacement of such documents, plates, and marks:
(n)
Regulating the carriage of passengers’ luggage and of goods in vehicles or harbour ferries used in transport services:
(o)
Providing for the safe custody and redelivery or disposal of property accidentally left in vehicles or harbour ferries used in transport services, and fixing the charges to be made in respect thereof:
(p)
Subject to the provisions of any other Act, prescribing a limit of liability in respect of claims made for loss of or damage to goods carried by any transport service, and authorising licensees to sell or otherwise dispose of unclaimed goods after reasonable public notice of the intended sale has been given:
(q)
Prescribing any matters that may be deemed necessary with respect to stands and other places of hiring for taxicabs and telephones for use in connection therewith, and with respect to the hiring of taxicabs and the payment of the fares therefor:
(r)
Providing for and regulating the issue by local authorities and by Superintendents and Inspectors of Police of permits for drivers of taxicabs, prohibiting persons not holding such permits from driving taxicabs in connection with taxicab services, and providing for and regulating the duration, conditions, and revocation of such permits, subject to a right of appeal to a Magistrate (whose decision shall be final) against every refusal to issue a permit and against every revocation of a permit, and prescribing the time and the manner in which appeals may be made:
(s)
Limiting the hours during which and the conditions upon or subject to which any person may drive vehicles used in connection with passenger services or goods services:
(t)
Providing for the taking of polls of holders of transport licences or of any class of such licences on proposals that they are to be required to join any organisation the membership of which is confined wholly or principally to licensees:
(u)
Making such other provisions as may be deemed necessary for the purpose of requiring and empowering all holders of transport licences or all the holders of any class of such licences to join any such organisation in any case where on any such poll not less than seventy-five per cent of the votes recorded are in favour of the proposal:
(v)
Generally regulating the carrying on of transport services.
Compare: 1949, No. 7, s. 160; 1958, No. 53, s. 9
Part VIII Motor Spirits Tax and Milage Tax
Motor Spirits Tax
187 Customs duties on motor spirits and motor spirits duty
(1)
Of the money received under items 332.100.2, 512.240.4, and 599.991.9 of the Customs Tariff as Customs duties on motor spirits imported into New Zealand, or entered therein for home consumption, and of the money received under the Motor Spirits Duty Act 1961 as motor spirits duty, the following amount shall be deemed to be received as a tax in respect of the use of motor vehicles (hereinafter referred to as motor spirits tax)—namely, one shilling and threepence three farthings per gallon.
(2)
Subject to the provisions of subsection (4) of section 22 of the National Roads Act 1953, all money received as motor spirits tax (except money so received in respect of motor spirits imported into the Cook Islands or entered therein for home consumption), after deducting a proportionate amount of any refunds or drawbacks of duties made under the Customs Act 1913, or made under that Act as applied by the Motor Spirits Duty Act 1961, shall be paid into the Public Account to the credit of the National Roads Fund.
(3)
All refunds or drawbacks of duties in respect of motor spirits made under the Customs Act 1913, or made under that Act as applied by the Motor Spirits Duty Act 1961, shall be apportioned rateably between the amount of those duties payable into the Consolidated Fund and the amount thereof deemed by this section to be received as motor spirits tax in the proportion that each such amount bears to the total of those amounts.
Compare: 1949, No. 7, s. 60; 1958, No. 34, s. 2(1); 1960, No. 92, s. 3; 1961, No. 10, s. 25; 1961, No. 57, s. 11(5)
188 Refund of duty on motor spirits
(1)
Subject to the provisions of section 190 of this Act, this section applies to motor spirits used for any purpose, except—
(a)
Motor spirits used as fuel for any motor vehicle for which an annual licence fee is payable under section 12 of this Act or for any motor vehicle which may be used with dealers’ plates pursuant to subsection (6) of section 22 of this Act; or
(b)
Motor spirits in respect of which the Minister of Customs has granted an exemption or refund under section 7 of the Customs Acts Amendment Act 1939.
(2)
Persons using any motor spirits with respect to which this section applies shall, on application in the prescribed form to a Deputy Registrar, be entitled, in accordance with subsection (3) of this section, to refunds in respect of Customs duties or motor spirits duty thereon.
(3)
The refunds authorised by this section shall be computed as follows:
(a)
In respect of any such motor spirits used as fuel for any vessel engaged exclusively in the fishing industry for commercial purposes, or as fuel for any aircraft, a refund at the rate of one shilling and threepence a gallon shall be made:
(b)
In respect of any such motor spirits used in any other case to which this section applies, a refund at the rate of one shilling and one penny a gallon shall be made.
(4)
All refunds under this section shall be paid out of the National Roads Fund without further appropriation than this section.
(5)
Every application for a refund under this section shall be in the prescribed form, and shall be supported by such documentary evidence as the Deputy Registrar may require or as may be prescribed by regulations made under this Act.
(6)
Every person commits an offence, and is liable to a fine not exceeding one hundred pounds, who for the purposes of obtaining a refund under this section makes any application or furnishes any information that is false in any material particular. Notwithstanding the provisions of section 240 of the Customs Act 1913, any information under the Summary Proceedings Act 1957 for an offence against this subsection may be laid by a Collector within the meaning of the Customs Act 1913, or by the Registrar, or by any constable.
(7)
Section 14 of the Summary Proceedings Act 1957 shall not apply with respect to a prosecution for an offence against subsection (6) of this section.
(8)
Applications for refunds under this section shall be made in respect of the periods ending respectively with the last day of March, June, September, and December in any year. Application for any such refund shall, except as provided in subsection (9) of this section, be made within three months following the close of the period in respect of which it is made; but, where application is made after the expiration of two months from the close of the appropriate period, the amount of the refund otherwise payable shall be reduced by an amount equal to ten per cent thereof.
(9)
Notwithstanding anything in subsection (7) of this section, a refund of duty pursuant to this section may in any special case be made before the close of any period in respect of motor spirits used within that period.
(10)
No refund of duty shall be allowed under this section, unless application therefor is made in accordance with the provisions of subsection (8) or of subsection (9) of this section.
(11)
If the powers conferred on the Minister of Customs by section 14 of the Customs Acts Amendment Act 1934 are exercised in respect of any motor spirits to which this section applies, the amount of duty remitted or refunded by the Minister of Customs under that section shall be taken into account in computing the amount of any refund under this section.
(12)
This section, except in relation to motor spirits duty, shall be in force in the Cook Islands.
Compare: 1949, No. 7, ss. 62, 63; 1950, No. 51, ss. 20, 21; 1953, No. 24, s. 14; 1953, No. 115, s. 11; 1953, No. 116, s. 9; 1958, No. 34, s. 3(2), (3); 1961, No. 10, ss. 26, 28; 1961, No. 105, s. 2(1)
189 Additional refund of duties on motor spirits
(1)
Subject to the provisions of sections 188 and 190 of this Act, this section applies to motor spirits used for any purpose, otherwise than as fuel for—
(a)
Any motor vehicle (not being a passenger-service vehicle) for which an annual licence fee is payable under section 12 of this Act; or
(b)
Any motor vehicle that may be used with dealers’ plates in accordance with subsection (6) of section 22 of this Act:
Provided that the Governor-General may from time to time, by Order in Council, declare that this section shall apply to motor spirits used as fuel for any specified kind of motor vehicle for which an annual licence fee is payable under section 12 of this Act.
(2)
This section shall not apply to motor spirits in respect of which the Minister of Customs has granted any exemption or refund under section 7 of the Customs Acts Amendment Act 1939.
(3)
Persons using any motor spirits to which this section applies shall, on application in the prescribed form to a Deputy Registrar, be entitled, in addition to any refund to which they are entitled under section 188 of this Act, to a refund in respect of each gallon used of so much of the Customs duties or motor spirits duty thereon as exceeds the rate of one shilling and threepence three farthings a gallon.
(4)
All refunds under this section shall be paid out of the Consolidated Fund without further appropriation than this section.
(5)
The provisions of subsections (5) to (10) of section 188 of this Act shall apply with respect to every refund under this section as if it were a refund under the said section 188.
(6)
In this section the term “passenger-service vehicle”
means a motor vehicle designed principally or exclusively for carrying passengers and used exclusively in one or more of the following ways:
(a)
Under a passenger-service licence issued under Part VII of this Act:
(b)
As a contract vehicle:
(c)
For the carriage to or from school of school children and their teachers;—
but does not include a taxicab.
Compare: 1949, No. 7, ss. 62a, 63; 1958, No. 34, s. 3(1), (3); 1961, No. 10, ss. 26, 28; 1961, No. 105, s. 2(2)
190 Refund of duty payable only in respect of specially coloured motor spirits
(1)
No person shall be entitled to any refund of duty under section 188 or section 189 of this Act in respect of motor spirits purchased by him after the commencement of this section, except in respect of—
(a)
Motor spirits used in aircraft; or
(b)
Motor spirits used as a solvent; or
(c)
Motor spirits to which a prescribed colouring substance has been added in the prescribed manner before the motor spirits were delivered to the purchaser; or
(d)
Any other description of motor spirits from time to time specified by the Governor-General, by Order in Council.
(2)
Without limiting the general power to make regulations conferred by section 199 of this Act, regulations may be made under that section—
(a)
Prescribing for the purposes of this section the method of colouring motor spirits:
(b)
Prescribing for the purposes of this section forms of certificates to be completed by persons selling motor spirits to which any colouring substance has been added.
(3)
Any constable in uniform or any traffic officer wearing a distinctive cap, hat, or helmet with a badge of authority affixed thereto shall be entitled to inspect and take samples of the contents from any part of the fuel system of any motor vehicle on any road for the purpose of ascertaining whether the fuel system contains any motor spirits to which any of the prescribed colouring substance has been added, and for that purpose the person for the time being in charge of the motor vehicle shall, at the request of any such constable or traffic officer, make any specified part of the fuel system available for inspection to the constable or traffic officer and supply to the constable or traffic officer a sample of the contents of the fuel system of the motor vehicle.
(4)
Every person commits an offence, and is liable to a fine not exceeding one hundred pounds, who—
(a)
Signs any certificate that any specified quantity of motor spirits has been coloured in the prescribed manner knowing the same to be false in any material particular; or
(b)
Being in charge of a motor vehicle on any road, refuses or fails to comply with any request of a constable or traffic officer made under subsection (3) of this section; or
(c)
Operates a licensed motor vehicle (including a motor vehicle used with dealers’ plates pursuant to subsection (6) of section 22 of this Act) the fuel system of which contains any motor spirits to which any of the prescribed colouring substance has at any time been added:
Provided that it shall be a good defence in proceedings for an offence against this paragraph if the defendant satisfies the Court that he had no knowledge that the fuel system of the motor vehicle contained any such motor spirits:
Provided also that nothing in this paragraph shall apply with respect to the use of any such motor spirits as fuel for any motor vehicle exempt from the payment of annual licence fees under section 13 of this Act, or for any passenger-service vehicle as defined in section 189 of this Act, or for any other motor vehicle in any case where, pursuant to an Order in Council made under the proviso to subsection (1) of section 189 of this Act, the use of the motor spirits as fuel for that vehicle entitles the user to a refund of duty under that section.
(5)
In any proceedings for an offence against paragraph (c) of subsection (4) of this section—
(a)
Every person shall be deemed to have operated a motor vehicle who uses or drives or rides the motor vehicle, or causes or permits it to be used or driven or ridden, or permits it to be on any road, whether the person operating it is present in person or not:
(b)
Proof that any part of the fuel system of a motor vehicle contained motor spirits of the same or substantially the same colour as motor spirits to which the prescribed colouring substance has been added shall, in the absence of proof to the contrary, be sufficient evidence that the fuel system contained motor spirits to which the prescribed colouring substance had been added:
(c)
A certificate purporting to be signed by an officer of the Dominion Laboratory stating that any specified motor spirits submitted to him for analysis contained any of the prescribed colouring substance shall, in the absence of proof to the contrary, be sufficient evidence that those motor spirits were motor spirits to which the prescribed colouring substance had been added.
(6)
Where any person is convicted of an offence against this section, the Court, whether or not it imposes any penalty in respect of that offence, may make an order disqualifying the defendant from obtaining a refund of duty under section 188 or section 189 of this Act in respect of motor spirits purchased by him during such period as the Court specifies.
(7)
Any person who is by virtue of an order of a Magistrate’s Court under subsection (6) of this section disqualified from obtaining a refund of duty may appeal against the order to the Supreme Court, and in any such case the provisions of Part IV of the Summary Proceedings Act 1957 shall, with the necessary modifications, apply.
(8)
This section shall come into force on a date to be appointed for the commencement thereof by the Governor-General, by Order in Council.
Compare: 1949, No. 7, s. 63a; 1958, No. 34, s. 4; 1961, No. 10, s. 28
Milage Tax
191 Milage tax on certain classes of motor vehicle
(1)
This section applies to—
(a)
Every motor vehicle (not being a traction engine or a vehicle designed solely or principally for the use of fire brigades for attendance at fires) in respect of which an annual licence fee is payable under this Act (including a motor vehicle used with dealers’ plates pursuant to subsection (6) of section 22 of this Act), if its motive power is not wholly derived from motor spirits on which Customs duties have been imposed under items 332.100.2, 512.240.4, and 599.991.9 of the Customs Tariff, or on which motor spirits duty has been imposed under the Motor Spirits Duty Act 1961:
(b)
Every motor vehicle of a class which is exempt from payment of an annual licence fee under this Act and to which the Governor-General, by Order in Council, applies the provisions of this section.
(2)
If any motor vehicle to which this section applies is converted by mechanical adaptation (whether of a temporary or permanent nature) into any kind of motor vehicle to which this section does not apply, it shall continue to be subject to the provisions of this section until notice in the prescribed form of the conversion is received by the Registrar.
(3)
Within fourteen days after the expiration of any quarter, or, in the case of a quarter ending with the thirty-first day of December, not later than the thirty-first day of January following, every owner of a motor vehicle to which this section applies shall lodge with a Deputy Registrar a return in the prescribed form as to the total number of miles of public highway over which the motor vehicle was used during the quarter and as to such other matters as may be prescribed. Any return made for the purposes of this subsection may relate to any number of motor vehicles, but particulars with respect to each vehicle to which the return relates shall be given separately.
(4)
There shall be paid by the owner to the Deputy Registrar by way of tax in respect of the total number of miles stated in every such return in respect of any motor vehicle an amount computed as prescribed by the Second Schedule to this Act. That amount shall become due and payable on the last day of the period within which the return is required to be lodged as aforesaid.
(5)
If default is made by the owner in complying with the foregoing provisions of this section as to the lodging of any return or the payment of any tax, there shall also be paid by him to the Deputy Registrar a penalty computed at the rate of ten per cent of the amount of the tax if the payment or lodgment is made within twenty-one clear days from the day of termination of the prescribed period, that penalty being increased by a further five per cent of the amount of the tax for each additional term of twenty-one days or part thereof by which the prescribed period is exceeded, but so that the penalty shall in no case exceed fifty per cent of the amount of the tax.
(6)
All money payable to a Deputy Registrar under this section shall constitute a debt due to the Crown, and may be recovered accordingly in any Court of competent jurisdiction.
(7)
Subject to the provisions of subsection (4) of section 22 of the National Roads Act 1953, all money paid or recovered under the foregoing provisions of this section shall be paid into the Public Account, and shall be credited—
(a)
As to so much thereof as represents an increase, pursuant to paragraph (b) of clause 6 of the Second Schedule to this Act, in the rates of milage tax set out in clause 1 or clause 2 of that Schedule, to the Consolidated Fund:
(b)
As to the balance thereof, to the National Roads Fund.
(8)
Every owner or other person who imports into New Zealand any motor vehicle to which this section applies or manufactures such a motor vehicle or converts any vehicle by mechanical adaptation (whether of a temporary or permanent nature) into such a motor vehicle shall, within fourteen days after the importation or manufacture or conversion, give to the Registrar notice in the prescribed form of the importation or manufacture or conversion.
(9)
Without limiting the general power to make regulations conferred by section 199 of this Act, the Governor-General may from time to time, by Order in Council, make such regulations as are necessary for the purpose of giving full effect to this section.
(10)
Every person commits an offence, and is liable to a fine not exceeding one hundred pounds, who fails to comply with any of the requirements of this section, or who makes any return or furnishes any information required by this section knowing the same to be false in any particular. Conviction for any such offence shall not relieve the offender from payment of any other penalty imposed by this section.
(11)
The Court before which any person is convicted of any such offence may, if necessary, determine the amount of tax and penalty payable by that person under this section in respect of the matters to which the offence relates, and the amount so determined, together with any penalty subsequently accruing, shall be due and payable accordingly.
(12)
Section 14 of the Summary Proceedings Act 1957 shall not apply with respect to a prosecution for an offence against subsection (10) of this section.
(13)
The Governor-General may from time to time, by Order in Council, exempt any class of motor vehicles from the operation of this section.
Compare: 1949, No. 7, s. 66; 1950, No. 51, s. 23; 1953, No. 24, s. 15; 1953, No. 116, s. 10; 1955, No. 102, s. 21; 1958, No. 34, ss. 5, 6; 1959, No. 105, s. 5; 1961, No. 10, s. 28; 1961, No. 57, s. 11(5)
Part IX Miscellaneous Provisions
192 Service of notices
(1)
Any notice required to be given to any person for the purposes of this Act, or any request in writing under section 67 of this Act, may be given or made by causing it to be delivered to that person, or to be left at his usual or last known place of residence or business or at the address specified by him in any application or other document under this Act, or to be posted in a letter addressed to him at that place of residence or business or address.
(2)
If any such notice or request is sent to any person by registered letter, then, unless the contrary is shown, it shall be deemed to have been delivered to him when it would have been delivered in the ordinary course of post, and in proving the delivery it shall be sufficient to prove that the letter was properly addressed and posted.
Compare: 1949, No. 7, s. 161
193 General penalty for offences
(1)
Every person commits an offence who fails to comply with any of the provisions of this Act or does any act in contravention thereof.
(2)
Every person who commits an offence against this Act for which no penalty is provided elsewhere than in this section is liable to a fine not exceeding fifty pounds.
Compare: 1949, No. 7, s. 162(1)
194 Offences punishable summarily
(1)
Save where otherwise expressly provided, every offence against this Act or against any regulations or bylaws under this Act shall be punishable on summary conviction.
(2)
A Magistrate’s Court presided over by two or more Justices of the Peace shall have jurisdiction in respect of the following offences:
(a)
Any offences under the following sections of this Act, namely, sections 7, 12, 15, 18, 25, 38, 39, 49, 50, 52, 59, 63, 66, and 67:
(b)
Any offence under any bylaws made under section 72 of this Act.
Compare: 1949, No. 7, ss. 156(1), 162(2), (3); 1957, No. 87, s. 213
195 Time for instituting proceedings
In any proceedings for an offence punishable on summary conviction against any Act, regulation, or bylaw relating to the use of motor vehicles, the Court may dismiss the information if it is satisfied that the person charged has been prejudiced in his defence by any unreasonable delay in instituting the proceedings or in notifying him of the time, place, and nature of the offence.
Compare: 1949, No. 7, s. 164
196 Evidence in proceedings
(1)
In all proceedings under this Act, or under any regulation made under this Act, or under any bylaw relating to the use of motor vehicles, for an offence punishable on summary conviction by a fine of an amount not exceeding fifty pounds, and whether by way of hearing in the first instance or by way of appeal or otherwise howsoever, the Court may receive as evidence—
(a)
Any affidavit filed in the Court by or on behalf of the defendant:
Provided that, except by special direction of the Court, this paragraph shall not apply in any case where it appears to the Court that the deponent’s usual place of residence is less than fifty miles by road from the place of hearing:
(b)
Any evidence adduced by or on behalf of the defendant that the Court thinks fit, whether or not it would, apart from this paragraph, be legally admissible evidence.
(2)
A copy of the Gazette containing any bylaw, appointment, warrant, order, or other act of authority made under this Act shall be evidence in all Courts of the same having been duly made or performed under the authority of this Act.
Compare: 1949, No. 7, s. 165
197 Evidence of testing and accuracy of weighing or speed measuring devices
(1)
In any proceedings for an offence against this Act or any regulations or bylaws made thereunder, the production of a certificate purporting to be signed by an officer of the Department authorised by the Commissioner as to the testing and accuracy of any weighing or speed measuring device referred to in the certificate shall be admissible as evidence that the device has been tested and is accurate.
(2)
Every officer signing any such certificate shall, in the absence of proof to the contrary, be presumed to be duly authorised to sign it.
Compare: 1949, No. 7, s. 165a; 1961, No. 105, s. 4
198 Auckland Transport Board Act 1928 to be read subject to this Act
(1)
The Auckland Transport Board Act 1928 shall be read subject to the provisions of this Act.
(2)
References in the Auckland Transport Board Act 1928 to the Minister of Works shall hereafter be read as references to the Minister of Transport.
Compare: 1949, No. 7, s. 166
199 Regulations
(1)
The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
(a)
Prescribing matters in respect of which fees are to be payable under this Act or under regulations made under this Act, the amount of the fees, and the persons liable to pay them:
(b)
Authorising the refund or remission, in such circumstances as in accordance with the regulations the Commissioner thinks fit, of any fees payable under this Act or under regulations made under this Act:
(c)
Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration thereof:
(d)
Prescribing fines, not exceeding fifty pounds, for the breach of any regulations made under this Act.
(2)
Any regulations made under this Act may be so made that different regulations shall apply with respect to different classes of vehicles or harbour ferries or different classes of licensed services, or with respect to the same class of vehicles or harbour ferries or licensed services in different circumstances.
(3)
Any regulations made under this Act may apply generally throughout New Zealand, or within any specified part or parts thereof, or to any specified route or routes, and may apply to all vehicles or harbour ferries or traffic or to any specified class or classes of vehicles or harbour ferries or traffic, and may from time to time be applied by the Minister, by notice in the Gazette, to any part of New Zealand or to any route or to any class of vehicles or harbour ferries or traffic.
(4)
The operation of any regulations made under this Act may, if it is so provided therein, be wholly suspended until they are applied by the Minister by notice in the Gazette. Any such notice may at any time in like manner be revoked.
(5)
No regulations made under this Act shall be deemed invalid on the ground that any fees imposed thereby are unreasonably high, or on the ground that any conditions therein are unreasonably restrictive.
(6)
So far as the bylaws of any local authority are inconsistent with or repugnant to any regulations under this Act in force in the same locality, the bylaws shall be deemed to be subject to the regulations.
Compare: 1949, No. 7, s. 167
200 Act to bind the Crown
(1)
Except as provided in this section, this Act shall bind the Crown.
(2)
No bylaw made by any local authority under section 72 of this Act shall bind the Crown.
(3)
Part VI of this Act shall bind the Crown only so far as it requires the payment of insurance premiums by or on behalf of the owners of motor vehicles.
Compare: 1949, No. 7, s. 168; 1953, No. 116, s. 11
201 Repeals, revocations, savings, and consequential amendments
(1)
The enactments specified in the Fourth Schedule to this Act are hereby repealed.
(2)
The regulations specified in the Fifth Schedule to this Act are hereby revoked.
(3)
Notwithstanding the repeal of any enactment by this section, the provisions of the First Schedule to the Transport Act 1949 (as substituted by subsection (4) of section 4 of the Transport Amendment Act (No. 2) 1953 and subsequently amended) shall continue in force, as if this Act had not been passed, until the first day of July, nineteen hundred and sixty-three.
(4)
Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that—
(a)
The repeal of section 169 of the Transport Act 1949 shall not affect the amendments made by subsections (5) and (6) of that section:
(b)
The repeal of section 19 of the Transport Amendment Act 1955 shall not affect the amendment made by subsection (4) of that section.
(5)
Every transport licence under Part VI of the Transport Act 1949 in force at the date of the commencement of this Act by which the licensee is authorised to carry on a service for the letting of a motor vehicle on hire (otherwise than under a hire-purchase agreement) to a person who himself drives the motor vehicle or provides a driver therefor is hereby declared to be a rental-service licence, and the provisions of this Act shall apply accordingly.
(6)
For the purposes of any provision of this Act relating to the penalty on conviction for any second or subsequent offence (including any provision relating to disqualification of drivers and endorsement of drivers’ licences), any conviction for an offence under any former Act shall be deemed to be a conviction for an offence against the corresponding provision of this Act.
(7)
Every application to a Metropolitan Licensing Authority for a transport licence or in relation to a transport licence that has not been disposed of at the commencement of this Act shall be deemed to be an application to the proper Licensing Authority, and shall be dealt with by it accordingly.
(8)
Every decision of a Metropolitan Licensing Authority against which an appeal has been made but has not been determined at the commencement of this Act shall for the purpose of this Act be deemed to be a decision of the proper Licensing Authority.
(9)
Section 250a of the Harbours Act 1950 (as enacted by section 19 of the Harbours Amendment Act 1959) is hereby amended—
(a)
By omitting from subsection (1) the words “sections forty, forty A, and forty-six of the Transport Act 1949”
, and substituting the words “sections 57, 58, 59, and 60 of the Transport Act 1962”
:
(b)
By omitting from subsection (2) the words “sections forty-seven, forty-eight, and forty-nine of the Transport Act 1949”
, and substituting the words “sections 65, 66, and 67 of the Transport Act 1962”
.
(10)
The First Schedule to the Summary Proceedings Act 1957 (as amended by paragraph (d) of subsection (2) of section 3 of the Summary Proceedings Amendment Act 1961) is hereby further amended by omitting from Part II so much thereof as relates to the Transport Act 1949, and substituting, in their appropriate columns, the following words:
| “The Transport Act 1962 | 55(1) | Causing bodily injury or death through reckless or dangerous driving |
| 55(2) | Causing bodily injury or death through driving while under influence of drink or a drug | |
| 65(4) | Failing to stop after accident and render assistance to injured person”. |
Compare: 1949, No. 7, s. 169
SCHEDULES
FIRST SCHEDULE Annual Licence Fees
Section 12
(Effective on and from 1 July 1963)
| £ | s. | d. | |
1.For every motor cycle |
2 | 0 | 0 |
2.For every power cycle |
1 | 0 | 0 |
3.For every motorcar or private station wagon |
3 | 0 | 0 |
4.For every trailer that with the load it is for the time being carrying does not weigh more than two tons |
1 | 10 | 0 |
5.For every traction engine |
7 | 10 | 0 |
6.For every other motor vehicle |
4 | 0 | 0 |
SECOND SCHEDULE Scale of Milage Tax
Section 191(4)
| Type of Vehicle Used | For Every Complete 100 Miles of Public Highway Over Which the Vehicle Has Been Used During the Quarter Covered by the Declaration | |||
|---|---|---|---|---|
| 1. Heavy motor vehicles (not being traction engines or vehicles designed solely or principally for the use of fire brigades in attendance at fires) when the gross laden weight of the vehicle does not exceed— | £ | s. | d. | |
| 2½ tons | 0 | 7 | 6 | Plus an additional 10 per cent of the prescribed rate for every 10 miles or fraction thereof by which the total distance exceeds 100 miles or a multiple of 100 miles. |
| 3 tons | 0 | 7 | 10 | |
| 3½ tons | 0 | 9 | 1 | |
| 4 tons | 0 | 10 | 1 | |
| 4½ tons | 0 | 10 | 11 | |
| 5 tons | 0 | 11 | 3 | |
| 5½ tons | 0 | 12 | 5 | |
| 6 tons | 0 | 13 | 5 | |
| 6½ tons | 0 | 14 | 3 | |
| 7 tons | 0 | 14 | 9 | |
| 7½ tons | 0 | 15 | 4 | |
| 8 tons | 0 | 16 | 2 | |
| 8½ tons | 0 | 17 | 2 | |
| 9 tons | 0 | 18 | 0 | |
| 9½ tons | 0 | 19 | 1 | |
| 10 tons | 1 | 0 | 4 | |
| 11 tons | 1 | 1 | 8 | |
| 12 tons | 1 | 3 | 0 | |
| 13 tons | 1 | 4 | 4 | |
| 14 tons | 1 | 5 | 5 | |
| 15 tons | 1 | 6 | 5 | |
| 16 tons | 1 | 7 | 3 | |
| 17 tons | 1 | 8 | 0 | Plus an additional 10 per cent of the prescribed rate for every 10 miles or fraction thereof by which the total distance exceeds 100 miles or a multiple of 100 miles. |
| 18 tons | 1 | 8 | 8 | |
| 19 tons | 1 | 9 | 2 | |
| 20 tons | 1 | 9 | 8 | |
| 21 tons | 1 | 10 | 0 | |
| 22 tons | 1 | 10 | 4 | |
| 23 tons | 1 | 10 | 8 | |
| 24 tons | 1 | 11 | 0 | |
| 25 tons | 1 | 11 | 3 | |
| 26 tons | 1 | 11 | 6 | |
| 27 tons | 1 | 11 | 9 | |
| 28 tons | 1 | 12 | 0 | |
| 29 tons | 1 | 12 | 3 | |
| 30 tons | 1 | 12 | 6 | |
| When the gross laden weight of the vehicle exceeds 30 tons | 1 | 12 | 6 | |
| plus an additional 3d. for each ton or part thereof by which the gross laden weight of the vehicle exceeds 30 tons | ||||
| 2. Other motor vehicles | 0 | 7 | 2 | |
3.
For the purposes of clause 1 of this Schedule, the term “gross laden weight”
means—
(a)
The manufacturer’s gross, laden weight, in any case where that weight has been specified by the manufacturer and the vehicle has not subsequently been modified:
(b)
The gross laden weight as determined by the Commissioner in any other case.
4.
Where in any quarter any such vehicle is used over a total of less than 100 miles, the tax payable shall, for each complete mile over which the vehicle is used, be at the rate of one-hundredth part of the appropriate amount for a complete 100 miles.
5.
Notwithstanding anything in the foregoing provisions of this Schedule, the tax payable in the case of motor vehicles of any kind specified by the Governor-General, by Order in Council in that behalf, shall be at the rate specified in that Order in Council. Any such Order in Council may prescribe different rates of tax in respect of the same kind of motor vehicle in different circumstances.
6.
The amount of tax ascertained as aforesaid shall—
(a)
Be reduced by 75 per cent if the motor vehicle uses electricity as its main motive power; and
(b)
Be reduced or increased, as the case may require, by one-fifteenth thereof for every 1d. by which the motor spirits duty imposed on motor spirits under the Motor Spirits Duty Act 1961 is less than or exceeds the rate of 1s. 3¾d. per gallon, or by a corresponding proportion where the amount by which that duty is less than or exceeds the last-mentioned rate is not 1d. or a multiple of 1d.
THIRD SCHEDULE
Section 30, 33, 44-46
Part I Offences for Which Offender Liable to Disqualification and Endorsement of Driver’s Licence
| Enactment Creating Offence | Nature of Offence | Period of Disqualification | Period of Endorsement of Driver’s Licence Held by or Issued to Defendant |
| Section 7(5) of this Act | Using or permitting use of unregistered motor vehicle or motor vehicle without registration plates or licence | At discretion of Court | At discretion of Court, but not exceeding three years from date on which offender ceases to be disqualified, subject to Part V of this Schedule (which requires a minimum period of endorsement in certain cases). |
| Section 15 of this Act | (a)Affixing to motor vehicle unauthorised or deceptive registration plates or licence |
||
(b)Affixing to motor vehicle licence not issued for or authorised to be used on that vehicle |
|||
(c)Using motor vehicle with unauthorised or obscured registration plates or licence |
|||
| Section 25 of this Act | Driving motor vehicle without a driver’s licence or employing or permitting unlicensed person to drive | At discretion of Court, subject to clause 2 of Part IV of this Schedule (which requires a minimum period of disqualification to be ordered in certain cases) | |
| Section 38 of this Act | Applying for or obtaining driver’s licence while disqualified | At discretion of Court | At discretion of Court, but not exceeding three years from date on which offender ceases to be disqualified, subject to Part V of this Schedule (which requires a minimum period of endorsement in certain cases). |
| Section 39 of this Act | Driving while disqualified or in breach of order granting partial exemption from disqualification | At discretion of Court, subject to Part III of this Schedule (which requires a minimum period of disqualification to be ordered) | |
| Section 49 of this Act | Applying for or obtaining driver’s licence without supplying particulars of any endorsement | At discretion of Court | |
| Section 50(1) of this Act | Failing to produce driver’s licence to Court for endorsement | ||
| Section 50(6) of this Act | Removing or obliterating, etc., endorsement on licence | ||
| Section 52 of this Act | Third or subsequent offence of exceeding speed limit in city, borough, town district, or closely populated locality | At discretion of Court, subject to clause 2 of Part IV of this Schedule (which requires a minimum period of disqualification to be ordered in certain cases) | |
| Section 55(1) of this Act | Causing bodily injury or death through reckless or dangerous driving | At discretion of Court, subject to Part III of this Schedule (which requires a minimum period of disqualification to be ordered) | |
| Section 55(2) of this Act | Causing bodily injury or death through driving while under influence of drink or drugs | ||
| Section 56 of this Act | Causing bodily injury or death through careless use of motor vehicle | At discretion of Court, subject to clause 2 of Part IV of this Schedule (which requires a minimum period of disqualification to be ordered in certain cases) | At discretion of Court, but not exceeding three years from date on which offender ceases to be disqualified, subject to Part V of this Schedule (which requires a minimum period of endorsement in certain cases). |
| Section 57(a) of this Act | Reckless driving | At discretion of Court, subject to Part III of this Schedule (which requires a minimum period of disqualification to be ordered) | |
| Section 57(b) of this Act | Driving at a speed which is or might be dangerous | ||
| Section 57(c) of this Act | Driving in a manner which is or might be dangerous | ||
| Section 58 of this Act | Driving or attempting to drive while under influence of drink or drugs | ||
| Section 59 of this Act | Being in charge of motor vehicle while under influence of drink or drugs, but so as not to commit an offence under subsection (2) of section 55 or section 58, and failing to deliver up ignition or other keys on demand by constable or traffic officer | At discretion of Court | |
| Section 60 of this Act | Careless or inconsiderate use of motor vehicle | At discretion of Court, subject to clause 2 of Part IV of this Schedule (which requires a minimum period of disqualification to be ordered in certain cases) | At discretion of Court, but not exceeding three years from date on which offender ceases to be disqualified, subject to Part V of this Schedule (which requires a minimum period of endorsement in certain cases). |
| Section 63(2) of this Act | Failing to comply with direction given by constable or traffic officer forbidding driving of motor vehicle or requiring delivery of ignition keys | ||
| Section 64(1) of this Act | Driver of passenger-service vehicle or vehicle carrying explosives or dangerous goods failing to stop before railway crossing | ||
| Section 65(1) of this Act | (a)Failing to stop after accident |
||
(b)Failing to ascertain if person injured |
|||
(c)Failing to render assistance to injured person |
|||
| Section 65(2) of this Act | Failing after accident to give specified particulars to constable or traffic officer or any person concerned | At discretion of Court | |
| Section 65(3) of this Act | Failing to report accident at police station or to constable | ||
| Section 66(2) of this Act | (a)Failing to stop on demand by constable or traffic officer |
At discretion of Court, subject to clause 2 of Part IV of this Schedule (which requires a minimum period of disqualification to be ordered in certain cases) | |
(b)Failing to give name or address on demand by constable or traffic officer |
|||
| Section 67 of this Act | Failing to give information as to driver of motor vehicle on demand by constable or traffic officer | At discretion of Court | At discretion of Court, but not exceeding three years from date on which offender ceases to be disqualified, subject to Part V of this Schedule (which requires a minimum period of endorsement in certain cases). |
| Any other Act or any regulations or bylaws under this Act or any other Act | Any offence in connection with the driving of a motor vehicle, other than a first or second offence consisting solely of exceeding any limit of speed | At discretion of Court, subject to clauses 1 and 2 of Part IV of this Schedule (which require a minimum period of disqualification to be ordered in certain cases) | |
| Section 228, Crimes Act 1961 | (a)Converting or attempting to convert a motor vehicle |
At discretion of Court, but not exceeding two years | |
(b)Unlawfully interfering with or getting into or upon a motor vehicle |
Part II Offences Committed While Driving or in Charge of Motor Vehicle for Which Offender Liable to Disqualification and Endorsement of Driver’s Licence
Section 30, 33, 44, 45
| Enactment Creating Offence | Nature of Offence | Period of Disqualification | Period of Endorsement of Driver’s Licence Held by or Issued to Defendant |
|---|---|---|---|
| Section 3a, Police Offences Act 1927 (as inserted by section 3(1), Police Offences Amendment Act 1955) (1957 Reprint, Vol. 12, p. 9.) | Throwing or leaving bottles or glass in a public place | At discretion of Court, but not exceeding two years | At discretion of Court, but not exceeding three years from date on which offender ceases to be disqualified, subject to Part V of this Schedule (which requires a minimum period of endorsement in certain cases). |
| Section 3b, Police Offences Act 1927 (as inserted by section 2(1), Police Offences Amendment Act 1960) | Fighting in a public place | ||
| Section 3d, Police Offences Act 1927 (as inserted by section 2(1), Police Offences Amendment Act (No. 2) 1960) | Behaving in a riotous, offensive, threatening, or disorderly manner, or using threatening, abusive, or insulting words in or within view of a public place or within the hearing of any person therein | ||
| Section 3e(2), Police Offences Act 1927 (as inserted by section 3(1), Police Offences Amendment Act (No. 2) 1960) | While under the age of twenty-one years— | ||
(a)Drinking intoxicating liquor in a public place; or |
|||
(b)Being in possession or control in a public place of intoxicating liquor intended for consumption therein |
|||
| Section 6, Police Offences Act 1927 (as substituted by section 2, Police Offences Amendment Act (No. 2) 1952) (1957 Reprint, Vol. 12, p. 11.) | Wilfully destroying property | At discretion of Court, but not exceeding two years | At discretion of Court, but not exceeding three years from date on which offender ceases to be disqualified, subject to Part V of this Schedule (which requires a minimum period of endorsement in certain cases). |
| Section 48, Police Offences Act 1927 (1957 Reprint, Vol. 12, p. 40.) | Using profane, indecent, or obscene language in public place or within hearing of person in public place | ||
| Section 4, Police Offences Amendment Act (No. 2) 1952 (1957 Reprint, Vol. 12, p. 50.) | Committing the offence of common assault | ||
| Section 192, Crimes Act 1961 | Committing an aggravated assault | ||
| Section 193, Crimes Act 1961 | Assaulting with intent to injure | At discretion of Court, but not exceeding two years | At discretion of Court, but not exceeding three years from date on which offender ceases to be disqualified, subject to Part V of this Schedule (which requires a minimum period of endorsement in certain cases). |
| Section 194, Crimes Act 1961 | Assaulting a female or a child | ||
| Section 196, Crimes Act 1961 | Committing a common assault | ||
| Section 294, Crimes Act 1961 | Committing arson | ||
| Section 295, Crimes Act 1961 | Attempting to commit arson | ||
| Section 296, Crimes Act 1961 | Causing damage to property by fire or explosive | ||
| Section 297, Crimes Act 1961 | Attempting to cause damage to property by fire or explosive | ||
| Section 298, Crimes Act 1961 | Causing wilful damage | ||
| Section 300, Crimes Act 1961 | Interfering with means of transport |
Part III Offences for Which Disqualification is Obligatory, Unless for Special Reasons the Court Orders Otherwise
Section 31, 33, 46
| Section of This Act Creating Offence | Nature of Offence | Minimum Period of Disqualification |
|---|---|---|
| Section 39 | Driving while disqualified or in breach of order granting exemption from partial disqualification | One year. |
| Section 55(1) | Causing bodily injury or death through reckless or dangerous driving | One year. |
| Section 55(2) | Causing bodily injury or death through driving while under influence of drink or drugs | (a)On first conviction, or on second or subsequent conviction when a period of seven years or more has elapsed since immediately preceding conviction—Three years. |
(b)On second or subsequent conviction within a period of seven years from date of immediately preceding conviction—Ten years and thereafter until the Court, upon application made after the expiration of that period, orders the removal of the disqualification. |
||
| Section 57(a) | Reckless driving | One year. |
| Section 57(b) | Driving at a speed which is or might be dangerous | One year. |
| Section 57(c) | Driving in a manner which is or might be dangerous | One year. |
| Section 58 | Driving or attempting to drive while under influence of drink or drugs | (a)On first conviction, or on second or subsequent conviction when a period of seven years or more has elapsed since immediately preceding conviction—Three years. |
(b)On second or subsequent conviction within a period of seven years from date of immediately preceding conviction—Ten years, and thereafter until the Court, upon application made after the expiration of that period, orders the removal of the disqualification. |
Part IV Offences for Which Disqualification is Obligatory, Unless Court in its Discretion Orders Otherwise
Section 32, 33
| Enactment Creating Offence | Nature of Offence | Minimum Period of Disqualification |
|---|---|---|
| 1. Regulations made or continuing and having effect under this Act | Breach of regulations prescribing duties the driver of a motor vehicle must observe while driving the vehicle at or approaching bends, turnings, intersections, or slopes, and which are regulations to which section 32 of this Act or the corresponding provision of any former Act is or has been made to apply by the Governor-General, by Order in Council | Three months. |
| 2. This Act or any regulations made or continuing and having effect under this Act | Any offence relating to duties the driver of a motor vehicle must observe while driving the vehicle (whether or not the offence is a first or second offence consisting solely of exceeding any limit of speed), if in the proceedings for that offence— (a)The offender has also been charged with and acquitted of an offence alleged to have been committed at the same time, being an offence against subsection (2) of section 55 of this Act or an offence against section 58 of this Act; and |
Three months. |
(b)The Court is satisfied that the taking of drink or a drug contributed towards the commission of the offence for which he has been convicted |
Part V Offences for Which Endorsement of Driver’s Licence Obligatory
Section 45, 46
| Offence | Particulars to be Endorsed | Minimum Period During Which Licence Held by or Issued to Defendant is to be Endorsed |
|---|---|---|
1.Any offence specified in this Schedule for which the offender is disqualified from holding or obtaining a driver’s licence |
Particulars of the conviction and of the disqualification | Three years from date on which offender ceases to be disqualified, unless Court orders a shorter period. |
2.Unless the Court in its discretion orders otherwise, the following offences, notwithstanding that the offender is on conviction not disqualified as aforesaid, namely: (a)Any offence which is specified in Part III of this Schedule: (b)Any offence which relates to the duties to be observed while driving a motor vehicle and for which the offender is fined ten pounds or more, and which is not a first or second offence consisting solely of exceeding any limit of speed |
Particulars of the conviction | Three years from date of conviction unless Court orders a shorter period. |
FOURTH SCHEDULE Enactments Repealed
Section 201(1)
1949, No. 7—The Transport Act 1949. (1957 Reprint, Vol. 16, p. 1.)
1950, No. 51—The Transport Amendment Act 1950. (1957 Reprint, Vol. 16, p. 136.)
1951, No. 79—The Fees and Travelling Allowances Act 1951: So much of the Second Schedule as relates to the Transport Act 1949. (1957 Reprint, Vol. 4, p. 863.)
1952, No. 81—The Finance Act (No. 2) 1952: Section 28. (1957 Reprint, Vol. 16, p. 139.)
1953, No. 24—The Transport Amendment Act 1953. (1957 Reprint, Vol. 16, p. 140.)
1953, No. 115—The Finance Act (No. 2) 1953: Section 11. (1957 Reprint, Vol. 16, p. 141.)
1953, No. 116—The Transport Amendment Act (No. 2) 1953. (1957 Reprint, Vol. 16, p. 142.)
1953, No. 118—The National Roads Act 1953: Paragraph (cc) of subsection (2) of section 22, and so much of the Second Schedule as relates to the Transport Act 1949. (1957 Reprint, Vol. 10, p. 872.)
1954, No. 50—The Criminal Justice Act 1954: Section 44a and the Second Schedule (as enacted by section 6 of the Criminal Justice Amendment Act 1961). (1957 Reprint, Vol. 3, p. 455.)
1954, No. 70—The Transport Amendment Act 1954. (1957 Reprint, Vol. 16, p. 144.)
1955, No. 102—The Transport Amendment Act 1955. (1957 Reprint, Vol. 16, p. 145.)
1956, No. 55—The Government Railways Amendment Act 1956: So much of the Second Schedule as relates to the Transport Act 1949. (1957 Reprint, Vol. 5, p. 793.)
1957, No. 87—The Summary Proceedings Act 1957: So much of the Third Schedule as relates to the Transport Act 1949. (1957 Reprint, Vol. 15, p. 406.)
1958, No. 34—The Transport Amendment Act 1958.
1958, No. 53—The Transport Amendment Act (No. 2) 1958.
1958, No. 88—The Public Revenues Amendment Act 1958: So much of the Second Schedule as relates to the Transport Act 1949.
1959, No. 105—The Transport Amendment Act 1959.
1960, No. 92—The Transport Amendment Act 1960.
1961, No. 10—The Motor Spirits Duty Act 1961: Sections 25 and 26 and so much of the Sixth Schedule as relates to the Transport Act 1949 or to the National Roads Act 1953 or to the Transport Amendment Act 1955.
1961, No. 44—The Summary Proceedings Amendment Act 1961: Paragraph (d) of subsection (2) of section 3.
1961, No. 45—The Criminal Justice Amendment Act 1961: Section 6 and the Second Schedule.
1961, No. 57—The Customs Acts Amendment Act 1961: So much of the Second Schedule as relates to the Transport Act 1949.
1961, No. 105—The Transport Amendment Act 1961.
FIFTH SCHEDULE Regulations Revoked
Section 201(2)
The Transport Licensing Regulations 1960: Regulations 7, 13, and 18 (S.R. 1960/21.)
The Transport Licensing Regulations 1960, Amendment No. 4: Regulation 2. (S.R. 1961/75.)
This Act is administered in the Transport Department.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Transport Act 1962
Transport Act 1962
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