3234
THE NEW ZEALAND GAZETTE.
[No. 93

Each such license shall remain in force from the first day of January or such later date upon which the same may be issued in each year, and shall remain in force until the thirty-first day of December then next ensuing.

The Council, upon being satisfied that the applicant possesses a traction-engine driver’s certificate, and that he is a fit and proper person to have granted to him a license to drive a traction-engine upon the roads within the county, may issue to him, upon payment of a fee of five shillings, a traction-engine driver’s license; such license shall be in the form No. 8 in the said Schedule.

The Council may cancel any license to drive a traction-engine issued by it, and may refuse to grant any new license to any person who fails to comply with this by-law.

Motor-lorries.

Inspector to be appointed.

12. (a.) The Council is hereby authorized to appoint an Inspector with reference to the issue of licenses in respect to motor-lorries.

Duties of Inspector.

(b.) The duties of the said Inspector shall be to examine applicants for certificates of ability to drive and handle motor-lorries, with or without wagons or trucks attached thereto, as the case may be, and to ensure the carrying-out of the provisions of this by-law.

No person to drive without certificate of ability.

(c.) No person shall, after the expiration of one calendar month after this by-law comes into force, drive any motor-lorry, whether with or without a wagon or truck attached thereto, upon any road within the county unless he shall have previously satisfied the Inspector of his ability to handle efficiently a motor-lorry, and has applied to the Council for and has obtained a certificate of ability from such Inspector to that effect.

Method of obtaining certificate of ability.

(d.) Every person desirous of obtaining a certificate of his ability to drive a motor-lorry, whether with or without a wagon or truck attached thereto, shall make application to the County Clerk in the form No. 9 in the Schedule hereto.

Certificate of ability to be granted and fee payable.

(e.) The Inspector, upon being satisfied that the applicant possesses sufficient ability to control and efficiently handle a motor-lorry, with or without a truck or wagon attached thereto, shall, upon payment of a fee of one pound to the Council, issue a certificate of ability in the form No. 10 in the Schedule hereto; provided that every person who is the holder of a license to drive or certificate of ability to drive a motor-lorry, such license or certificate having been duly granted under or by virtue of any Act for the time being in force in New Zealand or under a by-law of any local authority, shall be entitled, on production of such license or certificate and on proof of his identity to the satisfaction of the said Inspector of being the person therein named, to receive thereupon a certificate of ability without payment of any fee. “Holder” in this section means a person to whom and in whose favour such license or certificate shall have been originally granted.

Duration of certificate of ability.

(f.) Every certificate of ability issued hereunder shall be issued subject to the right of the Council to cancel the same, and shall remain in force until cancelled by the Council on any of the following grounds:—

Right of Council to cancel certificate.

(i.) If the holder shall be or become mentally or physically unfit for driving and attending to a motor-lorry;

(ii.) If the Council, or any committee thereof to whom the matter may be referred, be of the opinion that the holder is no longer a fit and proper person to hold a certificate of ability or to be entrusted with the driving of a motor-lorry within the county;

(iii.) If the holder has been convicted twice by any competent Court in the Dominion of driving a motor-lorry or motor-car to the danger of the public;

(iv.) If the holder has been convicted by a competent Court in the Dominion at least three times of any offence in regard to the driving of a motor-lorry, motor-car, or motor-cycle, whether involving danger to the public or not:

Provided that before cancelling any such certificate the Council shall give the holder a reasonable opportunity of being heard before the Council in regard to the proposed cancellation.

• Holder to produce certificate on request.

(g.) Every holder of a certificate of ability to drive a motor-lorry shall, when driving or in charge of a motor-lorry in the county, produce such certificate on request by the Motor Inspector or by any police constable; and if not in possession of the certificate shall, on the like request, give his name and address, and produce such certificate to such Inspector or constable for inspection, within forty-eight hours of such request.

Loss of certificate.

(h.) On proof of loss of any certificate of ability the person to whom the same shall have been issued shall be entitled to a duplicate thereof on the payment of one shilling.

License to drive.

(i.) No person shall drive a motor-lorry on any road within the county without (in addition to having a certificate of ability under this by-law) being the holder of a license issued to him by the Council to drive a motor-lorry within the county. It shall be the duty of the owner of the motor-lorry to see that the foregoing provisions are observed.

Application for license to drive.

(j.) Any person desiring to obtain or renew a license to drive a motor-lorry on any road within the county shall make application to the Council in the form No. 11 in the Schedule hereto. The form of the license shall be in the form No. 12 of the Schedule hereto. Such license to drive shall remain in force from the first day of January or such later date in the year in which the same shall be issued, and shall continue in force until the thirty-first day of December then next ensuing, and no longer.

Fee payable.

(k.) The annual fee payable in respect of the issue of such license to drive shall be five shillings.

Holder to produce license.

(l.) Every holder of a driver’s license shall, while driving a motor-lorry within the county, have his driver’s license in his possession, and shall upon demand exhibit the same to the Motor Inspector, County Engineer, County Clerk, or to any constable.

(m.) The Council may cancel any license to drive a motor-lorry issued by it, and may refuse to grant any new license to any person who fails to comply with this by-law.

Regulation of Traffic.

Prohibition of traffic during certain months, and on Downs Road and High Peak Road.

13. (a.) No engine shall be allowed to draw or carry any load over or upon any road during the months of June, July, August, or September in each year except with the written permission of the Council.

(b.) No engine (not being a motor-lorry) shall be allowed to draw or carry any load over or on the road known as the Downs Road, commencing at the north-eastern corner of Rural Section 8023 and extending westerly to the Hororata River at the south-western corner of Rural Section 23783, and the road by the Snowden Homestead from High Peak Road to Snowden Homestead, during any time of the year without a special permit from the Council; provided that this clause does not apply to engines solely used in conveying plant for threshing grain or cutting chaff.

Maximum load.

(c.) The maximum weight of the load carried or drawn or carried and drawn combined (exclusive of the weight of the wagons or trucks) which it shall be lawful for an engine to draw along any road shall be sixteen tons.

(d.) Every person engaged in the drawing or pulling by an engine on any road of any weight in excess of sixteen tons (exclusive of the weight of the wagon or trucks) shall be guilty of an offence against this by-law; provided always that the Council may by resolution in exceptional circumstances, having regard to the nature of the load and the conditions of the road and other circumstances required to be taken into consideration in any particular case or cases, dispense with the requirements of the preceding section and grant permission for the drawing or pulling by an engine of a load exceeding sixteen tons (exclusive of the weight of the wagons or trucks) in any particular case or cases upon such terms as it shall by resolution in each particular case prescribe.

Maximum weight to be carried on wagon or truck.

(e.) Every wagon or truck drawn by an engine and shod with metal tires shall—

(i.) If the same carries a load of more than five tons and not more than six tons, have tires each of which shall be of a width of not less than eight inches;

(ii.) If the same carries a load of more than four tons and not more than five tons, have tires each of which shall be of a width of not less than seven inches;

(iii.) If the same carries a load of more than three tons and not more than four tons, have tires each of which shall be of a width of not less than six inches.

No motor lorry or wagon or truck having rubber tires shall carry a load exceeding four hundredweight to each inch