866

THE NEW ZEALAND GAZETTE.

NO. 20

12. ABATEMENT OF LICENSE FEES.

(1.) In any case in which a license under these regulations
has been issued in respect of a longer period than one month
and the motor-lorry in respect of which such license was
issued is lost or destroyed, the owner may apply in writing
for a partial refund of the license fee.

(2.) Such refund shall be one-twelfth part of the annual
license fee payable in respect of such motor-lorry for every
complete month of the unexpired period of the license
subsequent to the date of loss or destruction of the lorry.

(3.) Any application under this regulation must be made
before the date of the expiration of the license.

(4.) The owner shall supply proof to the satisfaction of
the licensing authority of the facts entitling him to a refund.

(5.) The owner shall also surrender to the licensing authority
all licenses and indication-discs issued in respect of such
motor-lorry, or supply proof to the satisfaction of the
licensing authority of the loss, destruction, or defacement of
the same respectively.

(6.) On compliance by the owner with the foregoing
requirements the licensing authority shall pay to the owner
the sum to which he shall be entitled under the foregoing
provisions.

(7.) The licensing authority shall cancel and retain for
record all licenses surrendered as aforesaid.

(8.) Any owner may give notice in writing to the licensing
authority that he will not use the motor-lorry in respect of
which the license fee has been paid for any number of complete months computed from the first day of a month during
the license year, and deposit with the licensing authority
the license issued in respect of such motor-lorry.

(9.) On the expiration of such period the owner shall
supply proof to the satisfaction of the licensing authority
that he has not used such motor-lorry during such period.

(10.) Thereupon the licensing authority shall refund to
the owner a portion of the license fee bearing the same
proportion to the whole fee paid as the number of complete
months during which the motor-lorry was not used bears to
the number of months for which the license was issued.

(11.) Any proof required to be given under any of the
foregoing clauses of this regulation may be given by statement in writing, statutory declaration, or other evidence to
the satisfaction of the licensing authority.

13. DISPOSAL OF LICENSE FEES.

(1.) Every licensing authority shall collect the license fees
and keep a separate account for same, and neither the net
proceeds of such fees nor any part thereof shall be expended
or disposed of otherwise than in accordance with this regulation.

(2.) The licensing authority may deduct from the license
fee an amount not exceeding 5 per centum thereof to cover
cost of issue and incidental expenses, and may retain all
fees received for copies of licenses and duplicates of indication-discs.

(3.) For the purpose of the apportionment of license fees
under these regulations the Dominion shall be divided into
heavy-traffic districts as set out in the Schedule hereto.

(4.) The license fees paid or deemed to have been paid to
licensing authorities hereunder, less any deduction in accordance with this regulation, or any refund made in accordance
with Regulation No. 12, shall be apportioned among the
local authorities having control of roads or streets within
each heavy-traffic district either as may be mutually agreed
upon by such local authorities, or, in default of agreement,
as may be determined by order of a Magistrate on the
application of any of those local authorities.

(5.) In the making of any such order the Magistrate shall
be guided in the first place by the amount of use made by
motor-lorries, whether licensed in the heavy-traffic district
concerned or in any other heavy-traffic district, of the roads
or streets under the control of such respective local authorities.

The Magistrate shall also be guided by--
(a.) The wear and damage done to such roads or streets
by such motor-lorries:
(b.) The relative costs of maintenance of such roads or
streets:
(c.) The benefit derived in the districts of the respective
local authorities from the operations of such motor-lorries:
(d.) The fact that any moneys are received by a local
authority under any agreement for composition
made in pursuance of section 150 of the Public
Works Act, 1908:
(e.) All other considerations which the Magistrate may think
it equitable to take into account.

(6.) Any agreement or Magistrate's order made under this
regulation may relate to all or any of--

(a.) The license year current when the agreement or order
is made:
(b.) The next succeeding license year:
(c.) Any previous license year in respect of which no agreement or order may have been made.

(7.) The moneys received by each local authority in respect
of all such license fees shall be expended by the local authority on the maintenance of the roads or streets in its district.
(8.) In every case in which a license has been issued the
full annual fees shall be deemed to have been paid.

(9.) Every licensing authority shall within one month
after the expiration of every license year account to every
local authority within the heavy-traffic district concerned
for all moneys payable to such local authority under this
regulation up to the expiration of such license year:

Provided always that if no agreement or order for apportionment has been made with reference to any license year before
the expiration thereof it shall be sufficient if the licensing
authority accounts as aforesaid within one month after the
making of such agreement or order.

14. INDICATION-DISCS.

(1.) Every licensing authority shall, when issuing a license
hereunder, also issue an indication disc or device generally in
accordance with Form C in the Schedule hereto, indicating
the number of the license issued in accordance with these
regulations, the name of the local authority issuing same,
the class of the motor-lorry, the date of expiration of license,
the heavy-traffic district affected, and bearing the signature
of the Clerk of the local authority issuing the license.

(2.) Such disc shall be affixed by the owner to the inside
of the wind-shield or, if there is no wind-shield, to some other
prominent part of the inside of the cab of the vehicle or on
the front portion of the vehicle, and shall at all times be kept
clear and undefaced and visible for inspection.

(3.) On application by or on behalf of any owner and on
proof to the satisfaction of the licensing authority by statement in writing, statutory declaration, or other evidence,
that any indication disc has been lost, mutilated, defaced, or
become illegible, and on payment of a fee of 2s. 6d. the
licensing authority shall at any time during the currency of
the license to which the disc refers issue to the owner a fresh
indication-disc.

(4.) No person shall operate any motor-lorry not having
an indication-disc affixed thereto as herein provided.

(5.) No person shall operate any motor-lorry the indication-disc whereof is obscured, defaced, or not visible for inspection.

(6.) No person shall operate any motor-lorry bearing an
indication-disc relating to a license which has expired.

15. INSPECTORS.

(1.) The Minister, by writing under his hand, and any controlling authority other than the Minister, by resolution duly
passed, may appoint any one or more persons to be Inspectors
for the purposes of these regulations.

(2.) An Inspector appointed by the Minister or the Main
Highways Board shall be entitled to exercise the powers hereby conferred on him upon any Government road or main highway.

(3.) An Inspector appointed by any local authority shall
be entitled to exercise the powers hereby conferred on him
upon any road or street within the boundaries of the district
of such local authority, notwithstanding that such road or
street may be a Government road or a main highway.

(4.) More than one controlling authority may appoint the
same person to be an Inspector.

(5.) The production of an instrument of appointment under
the hand of the Minister or under the seal of any controlling
authority other than the Minister shall be conclusive evidence
of such appointment.

(6.) An Inspector shall be entitled at any time to require
the driver of a motor-lorry to produce the license issued in
respect of such motor-lorry.

(7.) The driver of any motor-lorry shall produce such
license whenever called upon as aforesaid.

(8.) An Inspector may at any time--
(a.) Require the driver of any motor-lorry to stop:
(b.) Inspect the load of such motor-lorry:
(c.) Require the motor-lorry or its weight to be measured:
(d.) Require the removal of any part of any load which is
in excess of the prescribed maximum load:
(e.) Require the removal of any article carried contrary to
the provisions of clause (5) of Regulation No. 6
hereof.

(9.) The driver of every motor-lorry shall comply with the
requirements of any Inspector under the last preceding clause
hereof.

(10.) No person shall obstruct, hinder, or interfere with any
Inspector in the exercise of his powers.