[THE NEW ZEALAND GAZETTE]

BYE-LAW RELATING TO HACKNEY CARRIAGES

21. Carriage and Harness to be in good condition.

The owner of every licensed vehicle shall at all times, when plying or employing such vehicle for hire, have the same in good order, with the harness sufficient, perfect, and in good condition, and the whole ready and sufficient for duty, with the driver and horse or horses competent to perform any drive or distance that may be reasonably required.

22. Check string.

The owner of every licensed vehicle shall provide a sufficient check string for the same, and the driver, when driving, shall have the check string fastened to his hand or arm, if required.

23. Driver or Conductor must not smoke on carriage.

No driver shall smoke any pipe or cigar while driving or attending upon any licensed vehicle, nor shall any passenger smoke inside any vehicle without permission of the other passengers.

24. Driver must be in attendance on carriage.

The driver of every licensed vehicle shall be constantly attendant on the same when plying on any public stand, or otherwise engaged for hire.

25. Carriage must be provided with Lights at night.

Every licensed vehicle plying for hire, or engaged after sunset and before sunrise, shall be provided with proper carriage lights, and the driver shall keep the same lighted while so plying or engaged for hire.

26. Deceased human bodies.

No owner or driver of any licensed vehicle shall carry, or permit to be carried, in or upon any such vehicle, any coffin containing the deceased body of a person exceeding five years of age.

27. Driver to muzzle vicious horses.

The driver of every vehicle shall place a muzzle upon the head of any vicious horse employed by him, and keep the same thereon whilst on the stand waiting for hire.

28. Forage bags and winkers to be used.

Every driver who shall feed any horse whilst on the stand waiting for hire, shall use a nose bag to contain the forage, and shall not remove such horse's winkers during the time of feeding.

29. No person to ride on box without permission of hirer.

No driver of any vehicle shall allow any person to ride on the box, or in or upon any part of such vehicle, without the permission of the person hiring the same.

30. Agreement for more than legal fare not binding.

No agreement whatever, made with the owner or driver of any vehicle for the payment of more than his proper fare, as fixed or limited by law, shall be binding or held to authorise any overcharge whatsoever; and in case any person shall be required to pay, and shall pay to such owner or driver, whether in pursuance of any agreement or not, any sum exceeding the proper fare, the person paying the same shall be entitled, on complaint made against such owner or driver before any Justice, to recover back the sum paid beyond the proper fare; and such owner or driver shall further, for such exaction, be liable to a penalty for an offence against the provisions hereof.

31. Articles left in carriages, how disposed of.

The owner or driver of every licensed vehicle, wherein any property whatever shall be left by any person hiring or using such vehicle, shall, within eighteen hours next after the same shall have been so left, restore such property, in the state in which the same shall have been found, to the owner thereof; or, if the owner cannot be traced, shall deposit such property in the Town Clerk's Office; and if any owner or driver shall make any default herein, he shall be liable to a penalty for an offence against the provisions of this Bye-law. And when any such property shall be deposited as aforesaid, the officer receiving the same shall give an acknowledgment to the depositor, and make an entry and record thereof, and the property so recovered shall be returned to the person who shall prove ownership to the satisfaction of the Town Clerk; such person previously paying all expenses incurred, together with such sum to the person who shall have been actually driving the vehicle, or shall have been employed in or about it, and having found the property shall deposit the same as herein directed; and with reference to the value of the property the said Council shall award. And if any property so found and deposited shall not be claimed by the owner thereof within one year after the date of deposit, the property being advertised in such manner as the said Council may direct, such property shall be sold by public auction, and the proceeds thereof paid over to the Town Clerk in aid of the City Fund, after deducting such sum as the said Council may award to the person who shall have been actually driving the vehicle, or shall have been employed in or about it, and having found the property shall deposit the same as herein directed.

32. Copy of Bye-law to be given to Owner and Driver.

Every owner, licensed under the provisions hereof, shall, at the time of obtaining his license, have delivered to him, without any charge, a printed copy of this Bye-law, and having the name of the owner or driver to whom the same is so delivered, and the number of the license written distinctly thereupon; and every such owner and driver respectively shall at all times have such copy or some other copy of this Bye-law ready to produce, and shall upon request produce the same for perusal to any person using or hiring the vehicle owned or driven by him.

33. Inspector of Hackney Carriages.

Such person or persons, as may from time to time be in that behalf appointed by the said Council, shall be the Inspector or Inspectors, during the pleasure of the said Council, of all hackney carriages and other vehicles plying for hire within the said city; and such Inspector or Inspectors shall, from time to time, examine all such vehicles, and shall at all times see that, as far as possible, this Bye-law is duly observed.

34. Inspector must not be obstructed.

No owner or driver of any vehicle, or any other person, shall obstruct any such Inspector in the execution of his said duties.

35. Penalties.

For every offence against any provision of this Bye-law, the offender shall, upon conviction, be liable to and shall pay to the Corporation of the City of Dunedin a penalty of Five Pounds.

36. Interpretation Clause.

The words “Town Clerk,” where used in this Bye-law, shall be understood to mean the Town Clerk of the City of Dunedin. The word “owner” shall signify every person possessed of a beneficial interest in any hackney carriage or other vehicle; and whenever in this Bye-law, with reference to any person, animal, matter, or thing, any word or words is or are used importing the singular number or the masculine gender only, yet such word or words shall be understood to include several persons or animals, as well as one person or animal, females as well as males, bodies corporate or politic as well as individuals, and several matters and things as well as one matter or thing, unless it be otherwise especially provided, or there be something in the subject or context repugnant thereto.

37. Vehicles not plying publicly not affected hereby.

Nothing in this Bye-law contained shall apply, or be held to apply, to vehicles which shall be let to hire only when previously ordered or bespoken at the residences of their owners, and which shall never be permitted to ply for hire in any street or place off the premises of their respective owners or to the owners or drivers of such vehicles.