508
THE NEW ZEALAND GAZETTE.
[No. 19

(3) A Vehicle Authority may be expressed to expire on the date of expiry of the license or on any earlier date fixed in the Authority, and upon application of the licensee may be revoked by the Licensing Authority as from a date determined.

(4) Save as otherwise expressed by this regulation, each Vehicle Authority shall, for the purposes of the said Act and any regulations for the time being in force thereunder, be deemed a substantive part of the license relative to which the Authority is issued, and any conditions of the license shall be deemed conditions of the Vehicle Authority and vice versa.

REGULATION 5.—DISPOSAL OF GOODS-SERVICE LICENSES.

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

(2) The copies forwarded to the Commissioner in terms of the last preceding subclause shall be recorded, and that record shall be the Register of Goods-service Licenses which is required to be kept by the Commissioner in terms of section thirty-two of the said Act in its application to goods-services.

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

REGULATION 6.—RENEWALS.

(1) Application for renewal of a goods-service license may be made in duplicate in the appropriate form set out in the First Schedule hereto (or to the effect thereof).

(2) Every application for renewal of a goods-service license shall be made not less than fourteen days nor more than twenty-eight days before the day on which such license or certificate is due to expire.

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

REGULATION 7.—REVOCATION, SUSPENSION, AND SURRENDER OF LICENSE.

(1) The holder of any license or Vehicle Authority which is lawfully revoked, suspended, amended, or which has lapsed, or of any license for a goods-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 relative Vehicle Authorities 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) The revocation or suspension of a goods-service license shall be in the appropriate form set out in the First Schedule hereto (or to the effect thereof).

REGULATION 8.—TRANSPORT APPEAL BOARD.

(1) The Transport Appeal Board may, in the hearing of an appeal in relation to these regulations, accept such evidence as it thinks fit, whether such evidence would be legally admissible in judicial proceedings or not.

(2) With the permission of the Board, but not otherwise, any party to any such appeal may be represented by counsel, solicitor, or other agent.

(3) The Board shall conduct its sittings in public.

(4) Every appeal to the Transport Appeal Board from any decision of a Licensing Authority shall be commenced by petition in the appropriate form set out in the First Schedule hereto, or to the effect thereof, and shall be delivered in duplicate (either personally or by registered letter addressed to the Commissioner of Transport) within twenty-one days after the date of the determination appealed against.

(5) A copy of any correspondence or other documents relating to the subject-matter of the appeal shall be attached to the petition.

(6) A copy of the petition, and of all documents attached thereto as required by the last preceding subclause, shall be served by the appellant on the Licensing Authority concerned.

(7) The Commissioner shall forward the papers relative to the appeal to the Appeal Board, and shall notify such local authorities, bodies, and persons as in his opinion are directly concerned in the subject of the appeal of its having been made, and of the time and place fixed for the hearing.

(8) The Appeal Board may decline to proceed with the hearing of any appeal unless and until the foregoing provisions have been complied with, and until security to its satisfaction against the cost of the appeal has been provided by the appellant.

(9) A copy of every appeal and of the determination of the Transport Appeal Board thereon shall, as soon as practicable after the termination of the proceedings, be sent by the Secretary of the Appeal Board to the Commissioner of Transport, who shall thereupon notify the determination to the appellant, the appropriate Licensing Authority, and every other body and person who in the opinion of the Commissioner is directly concerned.

(10) Save as hereinbefore provided, the Appeal Board shall determine its procedure in such manner as it thinks fit.

REGULATION 9.—ALTERING, DEFACING, OR PARTING WITH A GOODS-SERVICE LICENSE, AND ISSUE OF DUPLICATES THEREFOR.

(1) For the purposes of this regulation “document” means any goods-service license or variation thereof or any Vehicle Authority, and includes a duplicate of a document.

(2) No person shall,—

(a) Save by direction of the Issuing Authority, alter or deface any document, and any document so altered or defaced shall be void; or

(b) Without authority of the Licensing Authority or the Commissioner, lend or part with any document issued to him.

(3) Upon the return of any document rendered illegible or spoilt by weather or other such cause, or upon proof to his satisfaction that a document has been destroyed, stolen, or lost, the Commissioner of Transport, on application of the person to whom the document was issued, and on payment of a fee of 2s. 6d., may issue a duplicate of such document. Every duplicate so issued shall have the word “duplicate” written or printed thereon, and the production of a duplicate document shall be of the same effect as the production of the original document.

REGULATION 10.—INTERRUPTION IN SERVICE.

All unavoidable interruptions of a goods-service which are likely to continue for more than twenty-four hours shall be promptly reported in writing to the Licensing Authority by which the relative license was granted, and shall be publicly notified at least once in a newspaper circulating in the district in which the service is carried on. Both notifications shall fully explain the cause of the interruption and its probable duration.

REGULATION 11.—ASSISTANCE IN LOCATING CERTAIN PERSONS.

The owner of a goods-service vehicle or the holder of a license under these regulations shall, if so required by any authorized person, give all available information which may lead to the identification of any person who was driving or using such vehicle at any time specified by the inquirer.

REGULATION 12.—FEES.

(1) The fees payable under the said Act in respect of goods-service licenses shall be as follows:—

(a) Accompanying every application for a goods-service license—

(i) The sum of two pounds (£2) in respect of each Vehicle Authority applied for in the application for a continuous goods-service license:

(ii) The sum of one pound (£1) in respect of each Vehicle Authority applied for in the application for a seasonal goods-service license:

(iii) The sum of two shillings and sixpence (2s. 6d.) in respect of each Vehicle Authority applied for in a temporary goods-service license.

(b) On the issue of every continuous or seasonal goods-service license the sum of one pound (£1) in respect of each Vehicle Authority to be issued in connection with such goods-service license (reduced or increased respectively by five shillings (5s.) for each period of three complete months by which the term of the license is less or greater than twelve months), to which may be added if this fee is not paid within twenty-one days after the issue of the license the sum of ten shillings (10s.).

(2) The prescribed fee, if over £1, shall be paid by the applicant into the Public Account at the Bank of New Zealand, to the credit of the Consolidated Fund, and the bank receipt shall accompany the application.

(3) Notwithstanding anything hereinbefore to the contrary, the whole or any portion of any fee or fees payable under this regulation may, on the certificate of the Commissioner of Transport, be refunded or remitted on either of the following grounds, namely:—

(a) That the application in respect of which the fee or fees are payable has been withdrawn, or that other action in respect of the application has been nullified, and that in consequence the work and expense of the Department or Board or Authority has been reduced to an extent justifying the refund or remission; or