740
THE NEW ZEALAND GAZETTE.
[No. 26

which are in his opinion so closely similar thereto as to be likely to cause confusion were in use by another person for a like or similar purpose before such permission was granted, or on the ground that the authorized sign has become insufficiently distinctive to receive the protection of this regulation, or on any other ground.

(7) The benefit of any permission granted under this regulation shall not be transferable.

REGULATION 17.—CONDITION OF PASSENGER-SERVICE VEHICLES.

(1) The owner of any passenger-service vehicle shall at all times while such vehicle is in use keep the same in a safe and suitable condition for the carriage of passengers, to the satisfaction of the Commissioner or his Inspectors, and in accordance with any regulations that may hereafter be made and may for the time being be in force under the said Act in relation to the construction and condition of passenger-service vehicles.

(2) The owner of any passenger-service vehicle shall submit the same to the appropriate Inspector for examination whenever required so to do by the Commissioner, the Licensing Authority, or an Inspector, and shall not use the same or permit the same to be used for the carriage of passengers at any time while the certificate is revoked by the Commissioner or suspended by the Commissioner or an Inspector.

REGULATION 18.—PROHIBITION OF USE OF CERTAIN VEHICLES ON ROUTES WITH ACUTE BENDS.

Unless the Licensing Authority expressly agrees thereto by inserting a term in the appropriate license, it shall not be lawful to use any vehicle under a passenger-service license over a route which is of such description that owing to the size, design, or construction of the vehicle it is impossible for the latter to be driven round all bends and turnings on the route without stopping or backing.

REGULATION 19.—INSPECTION AFTER ACCIDENTS.

(1) It shall not be lawful to use any passenger-service vehicle after the happening thereto of any accident of such a nature as to cause or be likely to cause any structural damage thereto unless and until it has been resubmitted for inspection to an Inspector.

(2) In addition to the notice required by section 50 of the said Act to be given to the Commissioner, notice of every accident affecting a passenger-service vehicle shall be forthwith given by the owner to the person who issued the current certificate of fitness or permit for the vehicle, and if the owner fails to give such notice he shall be guilty of an offence against these regulations.

REGULATION 20.—ASSISTANCE IN LOCATING CERTAIN PERSONS.

Any owner of a passenger-service vehicle or holder of a license shall, if required by any authorized person, give any information which it is in his power to give which may lead to the identification of any person who was driving or using such vehicle at any time specified by the inquirer.

REGULATION 21.—FEES.

(1) The fees payable under the said Act shall be as follows:—

(a) (i) Accompanying every application for a passenger-service license other than a temporary license .. .. .. £ s. d.
3 0 0

(ii) Accompanying every application for a temporary license .. .. .. 0 5 0

(Increased by 2s. 6d. for every vehicle to be used in the service in excess of one if such additional vehicle is not at the date of the application covered by a certificate of fitness or permit.)

(b) On the issue of every passenger-service license other than a temporary license .. 2 0 0

(Reduced or increased respectively by 10s. for each period of three complete months by which the term of the license is less or greater than twelve months.)

If this fee is not paid within twenty-one days after the issue of the license there shall be payable, in the discretion of the Commissioner, an additional fee of .. .. .. 1 0 0

(c) Accompanying every application for a certificate of fitness of a passenger-service vehicle .. .. .. 3 0 0

(From or to which respectively shall be refunded or added during the currency of the certificate or any permit issued in lieu thereof a sum of 15s. for each period of three complete months by which the term of the certificate plus the term any permit issued in lieu thereof is less or greater than twelve months.)

(d) On issue of every certified extract from the register of licenses .. .. .. 0 1 0

(e) (1) Accompanying every appeal lodged with the Commissioner of Transport .. £ s. d.

(2) To be paid not less than three clear days before the date fixed for hearing of the appeal if appeal not earlier withdrawn.. .. .. .. 0 3 0

(f) For every subpoena issued by the Appeal Board .. .. .. .. 2 0 0

(g) Accompanying every application for an amendment to a license under section 34 of the said Act .. .. .. 0 10 0

Provided that the said amount may at the discretion of the Commissioner of Transport be refunded if the application is withdrawn before it is considered by the Licensing Authority.

(h) For every permission granted under Regulation 16 hereof for the use of any authorized sign or signs .. .. .. 2 0 0

(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.

(3) In respect of every application for a passenger-service license or certificate of fitness the bank receipt shall accompany the application.

(4) In respect of every certificate of fitness issued the applicant shall surrender the bank receipt before obtaining delivery of the certificate.

(5) Clauses (2), (3), and (4), of this regulation shall not apply to any fee payable in respect of any decision of a Metropolitan Licensing Authority.

(6) In respect of every appeal a bank receipt for the amount stated as above shall forthwith be sent to the Commissioner of Transport with advice of the name of the appellant and the name of the owner and the termini of that service in respect of which the appeal is made.

(7) Failure to pay the fees or any of the fees prescribed by paragraph (e) of clause (1) of this regulation shall be deemed to be a determination of the appeal within the meaning of subsections (4) and (5) of section 43 of the said Act as from the date the fee should have been paid.

(8) 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 or curtailed, 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

(b) That the passenger-service or the vehicle in respect of which the fees are payable is used for only the occasional carriage of passengers, or is used for the carriage of passengers to such a limited extent that the full fees payable under this regulation would be disproportionate having regard to the amount of the passenger business.

REGULATION 22.—OFFENCES AND PENALTIES.

(1) Every person who—

(a) Knowingly supplies any false or misleading information in or concerning any application made in terms of these regulations; or

(b) Omits or refuses to supply any information herein required,—

shall be deemed to have committed a breach of these regulations.

(2) Every person who—

(a) Fails to comply with any condition, duty, or obligation imposed by the said Act and for which no penalty is therein provided; or

(b) Offends against or fails to comply with or commits a breach of any of these regulations,—

shall be liable for every such breach to a fine not exceeding £10.

———

Form A.

NOTE.—A bank receipt must accompany this application showing that a fee of £3 has been paid into the Public Account to the credit of the Consolidated Fund.

[Attention is directed to the fact that if any information supplied on this form is false or misleading it renders the applicant liable to a fine of £10.]

Transport Licensing Act, 1931.

APPLICATION FOR {CONTINUOUS} PASSENGER-SERVICE
{SEASONAL } LICENSE.

A separate application must be supplied in duplicate in respect of each separate route (minor deviations not to be counted as a separate route).