912

THE NEW ZEALAND GAZETTE.

[No. 22]

(8) Upon being asked by an intending hirer a question
as to the scale or basis of fare chargeable for any specified
hiring, state the correct scale or basis of fare for the time
being in force applicable to the case.

5. Duty to carry out Hiring.

Neither the licensee nor the driver of a motor-cab shall
neglect, fail, or refuse to carry out punctually any contract
of hire into which he has entered.

6. Offences by Driver.

The driver of a motor-cab shall not—

(1) To the annoyance of any person importune any person
to hire the motor-cab.

(2) Leave his motor-cab to tout for passengers or fares.

(3) Sleep or lounge in his motor-cab. or smoke whilst
conveying a passenger, or endeavour to attract attention
by shouting, whistling, calling, or sounding a horn or other
instrument except as permitted under the Traffic Regu-
lations, 1936.

(4) Permit the motor-cab when in any street or other
public place within the borough to stand at any place other
than a stand duly appointed for that purpose: Provided that
it shall not be a breach of this condition if the motor-cab be
permitted to stand as aforesaid but within the limits of time
and place created by any by-law or regulation of the Council
of the borough whilst loading or unloading goods or taking
up or setting down passengers or whilst hired or whilst any
private business of its driver is being transacted as if such
vehicle were a private vehicle.

(5) Loiter with the motor-cab. Any such driver who
shall in the opinion of any constable or inspector drive his
vehicle along a street or thoroughfare at a speed of less than
six miles an hour shall prima facie be deemed to be loitering
with his motor-cab contrary to this provision: Provided
that nothing in this paragraph shall apply—

(a) In a place where by any statute, regulation, by-law,
or resolution of any competent local authority, a
motor-cab is required to proceed at a slower pace
than six miles an hour.

(b) At funeral processions.

(6) Cause his motor-cab to be drawn up on a stand which is
already occupied by the full number of vehicles which the
stand is intended to accommodate.

(7) Allow any person but the hirer and such person or
persons as the hirer will admit to ride in or on the motor-cab.

(8) Place or carry or allow to be placed or carried in or
upon the motor-cab any substance of offensive character.

7. Driver's Attendance at Stand.

The driver of a motor-cab shall whilst the motor-cab is
waiting on a stand remain constantly either on the driving-
seat of the motor-cab or in immediate attendance thereupon,
unless absent for some reasonable cause, and, in case of such
absence, he shall leave some competent person in charge of
the motor-cab, but such person shall in no case act as
driver thereof unless he is himself licensed to drive it.

8. Stands.

The driver of a motor-cab when the motor-cab is in any
street or other public place within the borough and is not
engaged shall take up his station on some stand and shall
there wait his turn for hiring and otherwise conduct himself
and his vehicle as may be from time to time prescribed
under by-laws as to the use of such stand.

9. Permitted Waiting-places of Motor-cabs.

Except in cases mentioned in paragraph (4) of Condition
No. 6 hereof and in the following cases no driver of a
motor-cab shall when in any street or public place within
the borough stand with his motor-cab or permit the same
to stand elsewhere than a stand:

(1) A driver may wait at any place then open for public
amusement or for public assemblance, provided
that he waits with his motor-cab as near to the
chief entrance to such place as possible (but not
nearer than 10 yards) and takes his turn to the
front of such place to pick up any passenger who
may hail or desire to engage him; but any inspector
or any police officer may order any such driver to
alter his position and take up such other position
as such inspector or police officer may think con-
venient for the traffic, provided always that this
subsection shall not apply to places where stands
are provided.

(2) No such driver shall by virtue of this provision permit
his motor-cab to remain on the said street longer
that ten minutes after such place of amusement
or public assemblance shall have closed, unless
he is hired so to remain.

(3) A driver of a motor-cab who is hired may within the
limits of time and place created by any condition
of his license wait for his hirer wherever such hirer
may direct, but any police constable or other officer
or any inspector may direct such driver to move
forward or backward to prevent obstruction, and
such driver shall obey such direction.

(4) The proof that he was hired and was asked by his
hirer to remain in any place of waiting shall in all
cases rest on the driver.

Provided that the foregoing paragraphs (1) to (4) of this
condition shall be read subject to any existing by-law or
regulation which may be in force affecting the roads or the
use thereof and affecting motor-cabs.

10. Touting.

(1) Neither the licensee nor the driver, nor any other
person shall, in connection with a motor-cab in any street
or public place or other locality except in manner autho-
rized by these conditions endeavour to induce a person to
hire or to ride in such motor-cab.

(2) Neither the licensee nor driver of a motor-cab nor
any other person shall in any street or public place:-

(a) In the course of any employment or occupation con-
nected with the business of the hiring out of such
motor-cab, by act, words, or conduct tout for,
solicit, or hold himself out as available for the
carriage of luggage of any person to such motor-
cab : Provided that nothing in this condition shall
affect the duty of a driver as defined in Condition 4
hereof ; or

(b) Summon or call up any motor-cab by horn, musical
instrument, gong, drum, bell, gramophone, mega-
phone, loud-speaker, or other noisy means what-
soever ; or

(c) By act, words, or conduct tout for or solicit fares or
hirings for any motor-cab : Provided that nothing
herein shall be deemed to render it unlawful for
the driver while in or within three feet of the motor-
cab which he is in charge of and which is standing
as a disengaged motor-cab on a duly appointed
stand, by gesture or in a moderate voice, to call
attention to the fact that such motor-cab is avail-
able to be hired.

11. Driving Hours.

The licensee shall not drive or cause or permit any person
employed by him or subject to his orders to drive any motor-
cab:-

(1) For any continuous period of more than five and one-
half hours ; or

(2) So that the driver has not at least ten consecutive
hours for rest in any period of twenty-four hours;

or

(3) So that the driver would be unable to have for rest
the complete twenty-four hours commencing at
1 a.m. on every other Sunday.

For the purposes of this condition :-

(a) Any two or more periods of time shall be deemed to
be a continuous period unless separated by an
interval of not less than half an hour in which the
driver is able to obtain rest and refreshments;

(b) Any time spent by a driver on other work in connection
with a motor-cab or in driving or other work in
connection with any passenger-service or goods-
service vehicle or the load carried thereby shall be
reckoned as time spent in driving a motor-cab:

Provided that a licensee shall not be liable to be convicted
for breach of this condition if he proves to the Court that
the contravention was due to unavoidable delay in the
completion of any journey arising out of circumstances
which he could not reasonably have foreseen.

12. Wages.

(1) The licensee shall pay every person employed by him
to drive a motor-cab not less than the wages prescribed for
such employees in any award or awards from time to time
in force and made by order of the Arbitration Court under
the Industrial Conciliation and Arbitration Act, 1925, whether
the licensee or his employees are parties to the said award
or awards or not.

(2) During such time as there may not be in force any
award so made, the licensee shall pay every person employed
by him to drive a motor-cab, wages at the rate of not less
than £4 10s. per week plus an additional 2s. for every hour
in excess of ten hours spent in driving a motor-cab within
any period of twenty-four hours during that week, but shall
not pay such person any additional amount by way of com-
mission on earnings.