✨ Road Board By-laws
476
THE NEW ZEALAND GAZETTE.
[No. 22
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On receipt of the application referred to in section 16, and on payment of the proper license fee, the Clerk shall, subject to the provisions of the next succeeding by-law hereto, issue a license under his hand, specifying the name, occupation, and address of the licensee, the class of vehicle or machine, the weight, number of wheels, width of tires, mode of traction, the purpose for which it is to be used, the fee paid, the period for which the license is issued, and (in the case of a traction-engine) further specifying the number, the name of the maker, the horse-power, the weight when loaded with the fuel and water carried therein and when unloaded; and every license shall, as issued, be numbered in succession, and shall be registered according to its number by entering the particulars in a book provided for the purpose, and such licenses shall be prima facie evidence of the contents thereof.
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The Clerk may in any case, as a condition precedent to the issue of a license under this Part of these by-laws, require a person to whom the same is to be issued to enter into a bond, with or without a surety or sureties to the Board, in such sums as the Clerk shall deem proper, that such person shall pay to the Board reasonable compensation for any special damage which shall accrue to any road, bridge, ferry, or ford under the care, control, or management of the Board by reason of any heavy traffic thereon by the vehicle or machine in respect of which such license may be issued. If the applicant is dissatisfied with the requirements of the Clerk in reference to the bond, and refuses to enter into the same, the Clerk shall suspend the issue of the said license, and refer the application to the first meeting of the Board, whose decision thereon shall be final.
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Any person making an application for a license for any vehicle or machine under this Part of these by-laws who shall knowingly include or specify in such application any untrue particular or particulars in respect of such vehicle or machine, for the purpose of obtaining such license, shall be guilty of an offence, and any license which may be issued pursuant to such application may be revoked by the Board.
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Every vehicle or machine in respect of which the proper license fee has been paid shall, subject to the provisions of sections 13 and 25 hereof, be deemed to be licensed to engage in heavy traffic on all public roads for the period for which the payment is made, and no longer.
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No vehicle or machine to which this Part of these by-laws applies shall be engaged by any person in heavy traffic on any road unless at the time it is so engaged a license under this Part of these by-laws is in force in respect thereof.
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Every vehicle or machine used on any public road engaged in heavy traffic shall have the weight of such vehicle or machine marked on some conspicuous part of the body thereof on the off side, and the name and address of the owner painted in white figures and letters not less than 2 in. in length on a dark ground.
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The person in charge of every vehicle or machine licensed under this Part of these by-laws shall produce the license thereof for inspection on demand being made by a Foreman of the Board, the Clerk, or by any other person authorized in that behalf under the authority of the Board.
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No person shall during any of the months of May, June, July, August, and September haul or transport, or cause to be hauled or transported, over any road—
(a.) Any vehicle, engine, machine, or thing which shall itself or together with any thing or things being hauled or transported thereon weigh more than 1½ tons avoirdupois to each pair of wheels of any such vehicle, engine, machine, or thing;
(b.) Any vehicle or thing by means of bullocks;
(c.) Nor carry on any other traffic coming within the meaning of “heavy traffic” as defined by these by-laws.
- No person or persons shall, until he or they shall be licensed and shall have first given to the Board security to the satisfaction of the Board to repair any special damage that may accrue to any road, bridge, ferry, or ford by such hauling or transporting, at any time whatsoever haul or transport, or cause to be hauled or transported, over any public road—
(a.) Any vehicle, engine, machine, or thing which itself or together with anything or things being hauled or transported thereon weighs more than 1½ tons avoirdupois to each pair of wheels of such vehicle, machine, or thing;
(b.) Anything of any weight whatsoever by means of bullocks;
(c.) Nor carry on any other traffic coming within the meaning of “heavy traffic” as defined by section 139 of the Public Works Act, 1908.
PART VI.
Pedlars and Hawkers.
- (a.) “Pedlar” means any person who travels on foot only without any horse or other animal bearing or drawing burden, and without any vehicle or conveyance, and goes from place to place or to other persons’ houses carrying for sale on his own person any goods, wares, or merchandise (other than newly caught fish), and who by exposing such goods, wares, or merchandise or in any other way invites purchasers therefor.
(b.) “Hawker” means any person who travels with a horse or other animal bearing or drawing burden, or any vehicle or conveyance howsoever drawn or propelled, and goes from place to place or to other persons’ houses carrying any goods, wares, or merchandise (other than newly caught fish), and who by exposing such wares or merchandise or in any other way invites purchasers therefor.
Provided that nothing contained in this section shall apply to any retail tradesman carrying on business in any fixed shop, place, or places who sends out or delivers any goods in the ordinary course of business, or who, in the ordinary course of his business, calls for and solicits orders for any goods.
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No pedlar or hawker shall be engaged in peddling or hawking or offering goods for sale within the road district unless and until he shall have paid to the Clerk a license fee of £1, upon which the Clerk shall issue to such pedlar or hawker a license for one year from the date of such issue.
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Every person licensed as a pedlar or hawker under this Part of these by-laws shall in and about his business as such pedlar or hawker respectively conduct himself in a proper and seemly manner, and shall not be guilty of disorderly conduct or the use of insulting or abusive language; and if at any time during the currency of such license it be proved to the satisfaction of the Board that any person so licensed has ceased to be a fit and proper person to hold such a license, the Board may revoke such license or suspend the same for such time as it thinks fit.
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It shall be lawful for any person acting under the authority of the Board, or any policeman or constable, to demand from any pedlar or hawker the production of his license, and to inspect the same; and every neglect or refusal by such pedlar or hawker to produce his license or permit it to be inspected upon such demand shall be an offence.
PART VII.
Vehicles plying for Hire.
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Interpretation.—“Coach,” for the purposes of this Part of the by-laws, shall mean and include any four-wheeled vehicle plying for hire with passengers and goods at intervals of not exceeding seven days between any particular points in the road district, or between any borough and the road district, or between two boroughs, or between a county and the road district, provided that the distance travelled over the road district shall in each case exceed seven miles each way.
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Subject to section 347 of the Municipal Corporations Act, 1908, no person shall within the road district ply for hire with any vehicle or motor for the carriage of passengers or of goods unless such vehicle or motor is duly licensed either under this Part or under Part V of these by-laws.
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Any person who desires to obtain a license for any vehicle or motor under this Part of these by-laws shall deliver at the office of the Board an application in writing signed by the applicant, specifying the name, occupation, and address of such applicant, the description of such vehicle, the purpose for which the same is to be used, and the number of passengers or quantity or weight of goods proposed to be carried in such vehicle.
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On receipt of the application referred to in the foregoing by-laws, and on payment of the fee applicable to the vehicle or motor described in such application, the Clerk shall, subject as hereinafter provided, issue a license under his hand specifying the name, occupation, and address of the licensee, the class of vehicle or motor, the purpose for which the same is to be used, and the number of passengers or the quantity or weight of goods to be carried in such vehicle or motor; and every such license shall be numbered in succession as issued, and shall be registered according to its number in a book to be kept for the purpose; and such license shall be prima facie evidence of the contents thereof: Provided that no license issued under this Part of these by-laws shall be deemed to authorize the holder thereof to engage such vehicle or motor in heavy traffic.
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The Clerk may in all cases, before the issue or renewal as hereinafter provided of any license, require the applicant to produce the vehicle or motor to which the application relates, for inspection by the Clerk or by such other person as the Clerk may appoint for that purpose; and the Clerk may refuse to issue or renew any license for any vehicle or
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1917, No 22
NZLII —
NZ Gazette 1917, No 22
✨ LLM interpretation of page content
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Special Order by Waitara West Road Board
(continued from previous page)
🏗️ Infrastructure & Public Works5 February 1917
By-laws, Road Board, Waitara West, Traffic Regulations, Traction-engines