Transport Licensing Regulations




JULY 18.] THE NEW ZEALAND GAZETTE. 1349

THIRD SCHEDULE.

REGULATIONS ENACTED.

REGULATION 1.—PRELIMINARY.

(1) These regulations may be cited as the Transport Licensing Passenger Regulations, 1936.

(2) In these regulations, unless the context otherwise requires,—
"The said Act" means the Transport Licensing Act, 1931, and includes the amendments thereof:
"Enforcement officer" means any member of the Police Force or the Commissioner, or any person appointed by the Commissioner or a Metropolitan Authority in terms of section 54 of the said Act:
"Fee" means the fee prescribed by Regulation 17 hereof:
"In Form T.L. " (followed by a number) means in the form set out in the table of forms hereinafter contained and prefixed by such respective number or to the effect of that form:
"License" means a license to carry on a passenger-service:
"Licensing Authority," in relation to a Transport District, means a Licensing Authority appointed therefor pursuant to the said Act, and includes a Metropolitan Authority:
"Passenger," in relation to a passenger-service vehicle, does not include the driver thereof:
"Permit" means a permit issued under subsection (1) of section 38 of the said Act authorizing the use of a passenger-service vehicle without a certificate of fitness:
"Variation," in respect of a passenger-service license, includes any amendment or revocation of any of the terms or conditions of such license or any addition of new terms and conditions thereto pursuant to section 34 of the said Act.

(3) All registers, appointments, licenses, certificates, permits, applications, notices, matters, and things which originated under the regulations hereby revoked and are effective on the coming into force of these regulations shall enure for the purposes of these regulations as if they had originated under these regulations, and shall, where necessary, be deemed to have so originated.

REGULATION 2.—LICENSING AUTHORITIES PROCEDURE.

(1) Any suitable officer of the Public Service may from time to time be appointed to be the Secretary of any Licensing Authority other than a Metropolitan Licensing Authority. A Metropolitan Licensing Authority may from time to time appoint any suitable person to be its Secretary for the purpose of these regulations.

(2) The Licensing Authority may in its proceedings act upon such information as it thinks fit, whether such information would be evidence legally admissible in judicial proceedings or not.

(3) Any person may be represented at the proceedings by counsel, solicitor, or other agent.

(4) The Licensing Authority may require any person to transcribe or summarize in writing, either during or after the proceedings, any oral statement made by such person during the proceedings.

(5) 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 "proper 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. Upon arriving at its determination concerning the portion of the application which requires its consent the Metropolitan Authority shall forthwith send a copy of the determination, certified by its Secretary as correct, to the Secretary of the proper Licensing Authority, whereupon the latter may issue the license or variation of license in terms of such consent.

REGULATION 3.—CONTINUOUS AND SEASONAL PASSENGER-SERVICE LICENSES.

(1) Every application for a license, other than for a renewal of such a license, and other than for a temporary license, shall be made in duplicate in form T.L. 1, and shall be accompanied by the respective fee.

(2) A license other than a temporary license shall be in form T.L. 2.

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

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

(5) 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.

(6) At all times complete and correct lists of the time-tables and fares for the time being in force for the service in which any passenger-service vehicle is used shall, while the vehicle is so used, be displayed on the vehicle or be made immediately available for any passenger on request to the driver.

REGULATION 4.—TEMPORARY LICENSES.

(1) Every application for a temporary license shall be made in form T.L. 3 to the Secretary of the Licensing Authority or to any other person appointed by the Licensing Authority for the purpose of dealing with temporary licenses :
Provided that the Licensing Authority or the person appointed as above provided may dispense with the requirement of an application form either generally or in any particular case as may be deemed fit.

(2) The application shall be made at least seven days before the date on which, if the application be granted, the applicant proposes to commence the temporary passenger-service to which the application relates:



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Transport Licensing, Passenger Regulations, Definitions, Procedures