Dec. 21.] THE NEW ZEALAND GAZETTE. 3449

Regulations under the Transport Licensing Act, 1937, relating
to the Design, Construction, and Condition of Passenger-
service Vehicles.

—

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 20th day of
December, 1933.

Present:

His Excellency the Governor-General in Council.

IN pursuance and exercise of the powers conferred on him
by section fifty-nine of the Transport Licensing Act,
1931 (hereinafter referred to as “the said Act”), and of all
other powers and authorities him thereunto enabling, His
Excellency the Governor-General of the Dominion of New
Zealand, acting by and with the advice and consent of the
Executive Council of the said Dominion, doth hereby make
the following regulations, and doth hereby declare that this
Order in Council shall come into operation on the date of
publication thereof in the New Zealand Gazette.

—

REGULATIONS.

GENERAL PROVISIONS.

1. These regulations may be cited as the Passenger-service
   Vehicle (Constructional) Regulations, 1933.

2. (1) In these regulations, unless the context otherwise
   requires, —

“Authorized Officer” includes the Commissioner of
Transport and the officer authorized by him to issue
a certificate of fitness in respect of a passenger-
service vehicle:

“Body” includes all that portion of a passenger-service
vehicle designed to accommodate and to protect the
driver, passengers, conductor, or attendant (if any),
or otherwise provided for their use in general:

“Chassis,” save as otherwise provided in clause (5) of
Regulation 38 hereof, includes all that portion of a
passenger-service vehicle (exclusive of the body and
the separate fittings, equipment, or attachments for
the body, and exclusive of the consumable supplies,
such as fuel, oil, and water:

“Commissioner” means the Commissioner of Transport:

“Omnibus” means a passenger-service vehicle the body
of which is designed for the carriage of both seated
and standing passengers:

“Passenger-service vehicle” means a passenger-service
vehicle as defined by the said Act:

“Passenger-truck” means (1) a passenger-service vehicle
the body of which, although designed principally for
the carriage of goods, has by adaption or by alteration
been made suitable for the carriage of passengers, or
(2) any passenger-service vehicle so designated by the
Commissioner of Transport:

“Service-car” means a passenger-service vehicle which
has the majority of its seats placed uninteruptedly
across the body, which is not designed to carry
standing passengers:

“Service-coach” means a passenger-service vehicle the
body of which has a longitudinal aisle and is not
designed to carry standing passengers:

“Wheel-track” means the distance between the centres
of the off side and near side wheels of a pair of wheels,
and when a pair of wheels consists of twin wheels on
the off side and twin wheels on the near side, means
the distance from the centre of the off side twin
wheels to the centre of the near side twin wheels.

(2) The Commissioner shall have power to determine
whether any passenger-service vehicle is an omnibus, a
passenger-truck, a service-car, or a service-coach, and his
determination thereof shall for the purposes of these regu-
lations be final and conclusive.

3. (1) Every passenger-service vehicle (not being a pas-
   senger-truck) first used in a passenger-service (as defined by
   the said Act) before the 1st day of June, 1932, shall comply
   with the conditions and requirements appropriate to its class
   contained in Part I of these regulations.

(2) Every passenger-service vehicle (not being a passenger-
truck) first used in a passenger-service (as defined by the said
Act) after the 1st day of June, 1932, and every passenger-
service vehicle which has been licensed under the Motor-
omnibus Traffic Act, 1926, and to which the provisions of
both Parts I and II of the Motor-omnibus (Constructional)
Regulations, 1929, applied, shall comply with all the con-
ditions and requirements appropriate to its class contained
in Parts I and II of these regulations.

(3) Every passenger-truck shall comply with the conditions
and requirements contained in Part III of these regulations,
but need not comply with the conditions and requirements
contained in Parts I and II hereof other than as provided in
Part III.

(4) Every passenger-service vehicle, in addition to complying
with such of the conditions and requirements of these regu-
lations as is hereinbefore provided, shall comply with such
other of the conditions and requirements of Parts I, II, and
III hereof as the Commissioner, after taking into account the
nature and reasonable needs and requirements of the service
in which such vehicle is being or is intended to be used, may
direct.

(5) The Commissioner shall have power to determine from
any records in his possession the date on which any passenger-
service vehicle was first used, and for the purpose of these
regulations his determination shall be final.

4. (1) The Commissioner may, in special circumstances, and
   subject to such conditions as he thinks fit to impose, grant
   exemption in respect of any passenger-service vehicle from
   the provisions of any of these regulations, and may extend
   such exemption so that it may be granted at the discretion of
   the Authorized Officer to all passenger-service vehicles of the
   same make, type, and model plying under similar con-
   ditions.

(2) Application for such exemption shall in every case be
made by the owner (or intending owner) of the passenger-
service vehicle, or of the chassis to the Authorized Officer,
and shall state fully the grounds on which exemption is
sought. The application shall state the name of the maker of
the chassis, shall properly identify the vehicle, and any
other information required by the Authorized Officer shall be
also supplied.

5. (1) For the purpose of the said Act, the Authorized
   Officer may, at his discretion, issue a certificate of fitness or
   permit in respect of the passenger-service vehicle, subject to
   the condition that certain requirements of these regulations
   be fulfilled within a specified time limit or limits.

(2) From every decision of an Authorized Officer (not being
the Commissioner) made in terms of these regulations, there
shall be a right of appeal by the owner of the vehicle to the
Commissioner.

6. Every person who does or omits or causes or knowingly
   permits or suffers to be done or omitted, any act, matter, or
   thing contrary to the provisions of these regulations, or
   contrary to the provisions or restrictions in the permit, or
   the certificate of fitness, or who, for the purpose of these
   regulations, makes any statement or supplies any information
   that is false or misleading in any material particular, or who
   otherwise than in accordance with an order of exemption
   made under Regulation 4 hereof, or permission in terms of
   Regulation 5 hereof, uses as a passenger-service vehicle any
   motor-vehicle that does not comply with the provisions or
   requirements of these regulations shall be liable to a fine of
   £10.

PART I.

REGULATIONS APPLICABLE TO ALL LICENSED PASSENGER-
SERVICE VEHICLES OTHER THAN PASSENGER-TRUCKS.

Doorways.

7. (1) Every passenger-service vehicle with a body designed
   to give shelter to the passengers from the weather shall be
   fitted with at least two doorways, one of which being that one
   generally used by the passengers shall be situated on the near
   side of the vehicle and another which if not at the extreme
   rear end of the body shall be on the off side. When only two
   doorways are provided no part of one doorway shall be trans-
   versely opposite any portion of the opening of the other door-
   way.

(2) One of the doorways need not be available for use save
in cases of emergency, and if intended for use only in such
cases, shall be fitted with a door (hereinafter referred to as the
“emergency door”) kept securely latched until it is required
to be used. The device for opening the emergency door shall
be quick acting and of ample strength and shall at all times
be capable of ready operation, and if such device includes a
removable key, the latter shall be permanently fixed by a
chain fastened within 1 ft. 6 in. of the keyhole. The keyhole
shall be situated not higher than 4 ft. from the floor. On
every emergency door fitted with a closing or locking device
there shall be painted an “arrow” sign or some suitable word
or phrase (e.g., “turn,” “lift, then push”) as a guide to the
method of opening the door. In an omnibus fitted with an
emergency door a conspicuous notice directing attention to
the emergency door shall be displayed inside the omnibus
near the front thereof. Every emergency door shall be kept
free of all obstruction on the outside of the passenger-service
vehicle.

(3) The outside of and any passageway to the doorway or
doorways in general use shall at all times be kept free and