Transport Licensing Regulations




Dec. 17.] THE NEW ZEALAND GAZETTE. 3495

(5) With the permission of the Licensing Authority (but not otherwise) any person may be represented at the proceedings by counsel, solicitor, or other agent.

(6) The Licensing Authority may require any person to transcribe or summarize any oral statement in writing either during or after the proceedings.

(7) In any case when the consent of a Metropolitan Authority is required to the granting of a license in terms of subsection (4) of section 26 of the said Act, the Secretary of the Licensing Authority whose function it is to grant such license (hereinafter in this clause referred to as the “appropriate Licensing Authority”) shall, on receipt of the application for the license or variation thereof requiring such consent, send a copy of the application to the Metropolitan Authority. As soon as the determination by the latter is given concerning the portion of the application which requires its consent, its Secretary shall forthwith send a copy of the determination certified as correct to the Secretary of the appropriate Licensing Authority, whereupon the latter may issue the license or variation of license in terms of such consent.

REGULATION 6: PASSENGER-SERVICE LICENSES.

(1) A passenger-service license other than a temporary license shall be in the Form C set out in the Schedule hereto or to the effect thereof.

(2) It shall be a duty of each Secretary to forward without delay to the Commissioner a record of every determination of the Licensing Authority in reference to a license, and a copy certified as correct of each license granted and of each variation, suspension, or revocation thereof.

(3) The copies forwarded to the Commissioner in terms of the last preceding clause shall be recorded, and that record shall be the register of passenger-service licenses which is required to be kept by the Commissioner in terms of section 32 of the said Act.

(4) Any license may provide that a deviation from the prescribed route shall not be deemed a breach of the terms of the license if and so long as such deviation is for the reason that the prescribed route is under repair or is otherwise temporarily unsuitable for use, and if the prior approval in writing of the Chairman of the Licensing Authority has been given to the use of the substituted route.

(5) No approval of the Chairman given as provided in the last preceding clause hereof shall have any effect after the date of the next meeting of the Licensing Authority, but if the need for deviation still exists, it shall at such meeting be authorized by a variation of the license pursuant to section 34 of the said Act.

REGULATION 7: TEMPORARY LICENSES.

(1) Every application for a temporary license shall be made in duplicate direct to the Licensing Authority in the Form D set out in the Schedule hereto, or to the effect thereof, and in each case shall be accompanied by the respective fee hereinafter prescribed.

(2) A copy of every temporary license certified as correct by the Secretary of the Licensing Authority issuing it, and of the relative certificate of fitness or any permit authorizing the use of a vehicle without a certificate of fitness shall, during their currency and while the vehicle is in use, be displayed in conspicuous places on each vehicle in respect of which they were issued.

(3) Within three days after the expiry of any temporary license, the holder thereof shall deliver or cause to be delivered the license and any duplicate or copy thereof in his possession to the Secretary of the issuing Licensing Authority for cancellation.

REGULATION 8: CERTIFICATES OF FITNESS AND PERMITS.

(1) Every certificate of fitness for a passenger-service vehicle shall be issued in the Form E set out in the Schedule hereto or to the effect thereof.

(2) Every permit for the use of a passenger-service vehicle without a certificate of fitness shall be issued in the Form F set out in the Schedule hereto or to the effect thereof.

(3) Any such permit may without notice be revoked by the Commissioner or his Inspector at any time.

(4) The certificate of fitness or permit for the time being in force in respect of a passenger-service vehicle other than a vehicle used only under a temporary license shall be framed and displayed thereon in a conspicuous place at all times while the vehicle is in use.

REGULATION 9: RENEWALS.

(1) Application for renewal of a passenger-service license may be made in duplicate in the Form G set out in the Schedule hereto or to the effect thereof.

(2) Application for a new certificate of fitness may be made in triplicate in the Form H set out in the Schedule hereto or to the effect thereof.

(3) Every application for renewal of a passenger-service license or for a new certificate of fitness shall be made not less than fourteen nor more than twenty-eight days before the day of which such license or certificate expires.

(4) Every application for renewal of a license shall for all purposes of these regulations (other than the form of the application) be deemed an application for a new license.

REGULATION 10: REVOCATION, SUSPENSION, AND SURRENDER OF LICENSE, CERTIFICATE OF FITNESS, OR PERMIT.

(1) The holder of any license which is lawfully revoked, suspended, or amended, or of any license for a service authorized to be discontinued, shall, upon request by the Secretary of the licensing authority which issued it, return to him within three days of such request the license and any document or plate in evidence of its issue, and if the license is amended a new license incorporating the amendment shall be issued or the original license with the amendment endorsed on it and duly signed, shall be returned as soon as possible to the licensee.

(2) (i) If the certificate of fitness or permit for any vehicle is lawfully revoked, the owner of the vehicle shall, upon being officially notified of this fact, immediately forward the revoked certificate or permit to the Commissioner of Transport.

(ii) If the certificate of fitness of any vehicle is lawfully suspended, the owner of the vehicle shall, upon being notified of this fact, immediately forward the suspended certificate to the office of the Public Works Department from which it was issued; but, unless the suspension is followed by revocation, the certificate shall be returned to the owner immediately the period of suspension expires.

(iii) The revocation or suspension of a passenger-service license shall be in the Form I set out in the Schedule hereto or to the effect thereof, and the revocation or suspension of a certificate of fitness shall be in the Form J set out in the Schedule hereto or to the effect thereof.



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🚂 Regulations relating to Passenger-services under the Transport Licensing Act, 1931 (continued from previous page)

🚂 Transport & Communications
Transport Licensing Act, Passenger-services, Regulations, Licensing Authority, Certificates of Fitness