sou · GNB360 · 2000-01-01 00:00:00 — (5)Notwithstanding any other provision of this section, any regional council referred to in subsection (1) of this section may, in accordance with section 37SC of the Local Government Act 1974 and without an appropriate competitive process under this section, transfer any of its functions, powers, and duties under this Act to any constituent authority that has no direct or indirect interest in any passenger service. Appeal to District Court---(1) Where a regional council has declined under this Part of this Act to register any passenger service or variation in a passenger service, or has refused its consent to the abandonment of a service under section 55 of this Act, the operator of the service may, by way of originating application, within 28 days after being notified of the decision appeal to the District Court against that decision. (2) On the hearing of an appeal under subsection (1) of this section, the District Court may--- (a)Confirm, vary, or reverse the decision appealed against, and make such orders and give such directions to the regional council as may be necessary to give effect to the Court's decision; or (b)Refer the matter back to the regional council with directions to reconsider the whole or any specified part of the matter. (3)Subject to this section, every such appeal shall be made and determined in accordance with the District Courts Act 1947 and the rules of Court made under that Act. (4)Subject to section 60 of this Act, the decision of the District Court on any appeal under this section shall be final. Appeal to from District Court or Authority on question of law---(1) party to an appeal under section 59 of this Act who is dissatisfied with the decision of the District Court as being erroneous in point of law may appeal to the on that question of law. (2)party to any proceedings before the Authority who is dissatisfied with any decision of that Authority as being erroneous in point of law may appeal to the on that question of law. (3)appeal under this section shall be heard and determined in accordance with the rules of Court. Notices---(1) Except as otherwise specified in this Act or in regulations made under this Act, where pursuant to this Act any notice or other document is to be given, served on, or furnished to any person, that notice or other document may be--- (a)Given to the person personally; or (b)Sent by registered post to the person at the person's usual or last known place of business or abode; or (c)Given personally to any other person authorised to act on behalf of the person; or (d)Sent by registered post to that other person at that other person's usual or last known place of business or abode; or (e)Except in the case of any notice or document to be given or served in the course of or for the purpose of any court proceedings for an offence against this Act or any appeal under this Act, sent by post to the person, or any other person authorised to act on the person's behalf, at that person's or other person's usual or last known place of business or abode. (2) notice or other document so sent by post or registered post shall be deemed to have been given, served, or received 7 days after the date on which it was posted, unless the person to whom it was posted proves that, otherwise than through that person's fault, the notice or document was not received. Information for offences---(1) information for an offence against Part I of this Act shall be laid by the Secretary or an enforcement officer. (2) In the absence of proof to the contrary it shall be presumed that every information for an offence against Part I of this Act has been laid by a person authorised to do so under subsection (1) of this section. 1962, No. 135, s. 170 Evidence and proof---In any proceedings for an offence against this Act--- (a)If it is proved that passengers or goods were carried in or on any motor vehicle or rail service vehicle, the passengers or goods shall be deemed to have been carried in such a as to bring the motor vehicle or rail service vehicle under the requirements of this Act unless the defendant satisfies the Court to the contrary: (b)licence or other document issued under this Act or any regulations in force under this Act may be proved by the production of a copy of the licence or document certified to be correct and signed by the Secretary or by an officer of the Ministry authorised in that behalf by the Secretary: (c)Evidence of the contents of the register maintained under section 29 of this Act may be given by a certificate signed by the Secretary or any officer of the Ministry authorised in that behalf by the Secretary; and every such certificate shall be sufficient evidence of the matters stated in it, until the contrary is proved: (d)The production of a certificate signed by the Secretary or by an officer of the Ministry authorised in that behalf by the Secretary to the effect that on a specified date a person was or was not the holder of any transport service licence or any specified type of transport service licence shall be sufficient evidence of the matter certified, until the contrary is proved: (e)Until the contrary is proved, it shall be presumed that every certificate purporting to have been certified or given under this section has been certified or given by the Secretary or by an officer of the Ministry authorised by the Secretary to certify documents or certificates under this section. 1962, No. 135, s. 171 (1992:109) (1) For the purpose of ascertaining whether the provisions of this Act have been or are being complied with by any person to whom this Act applies, any enforcement officer may require that person to produce for inspection any books or records in that person's possession or over which that person has control, including (but not limited to) logbooks, records associated with logbooks, financial records relating to expenditure on fuel, invoices, vehicle maintenance records, depreciation records for vehicles, time and wage records, and waybills. (2) The enforcement officer may take extracts from or make copies of any books or records so produced. 64.Requirements of Act additional to other requirements---The provisions of this Act are in addition to and shall not derogate from the provisions of any other Act relating to the licensing, control, or taxation of vehicles or persons using vehicles. 1962, No. 135, s. 175 65.Application of fees, etc.---All fees and other money (not being fines, infringement fees, or other penalties) received or recovered under this Act and payable to the Crown shall be paid or credited to the Ministry's Account. 1962, No. 135, s. 177 Regulations---The Governor-General may, by Order in Council, make regulations for all or any of the following purposes: (a)Prescribing matters in respect of which fees are payable under Part I of this Act or under regulations made under this Act, the amount or maximum amount of the fees, and the persons liable to pay them: (b)Exempting any service or class or category of service from being a transport service for the purposes of this Act: (c)Exempting any vehicle or class or category of vehicle from being a transport service vehicle for the purposes of this Act: (ca) Prescribing any service or class or category of service as a rail service for the purposes of this Act: (cb) Prescribing any vehicle or class or category of vehicle as a rail service vehicle for the purposes of this Act: (cc)Prescribing matters to be included in any safety system under section 6B (2) of this (cd) Empowering the Secretary to prescribe tests for the purpose of the issue of an area knowledge certificate under section 18A of this Act; and authorising the Secretary, in such circumstances as may be specified in the regulations, to require an applicant for or the holder of an area knowledge certificate to undergo such prescribed tests as the Secretary may specify in writing, including (but not limited to) a second or subsequent test: (d)Providing for the furnishing by any person in relation to any transport service carried on by the person of information relating to that service, and prescribing the nature of the information and the form, , and time in or at which it is to be furnished: (e)Prescribing the matters to be entered in any register of complaints required to be kept pursuant to section 36 of this Act or to any rule set out in the Third Schedule to this Act, and the in which such matters are to be entered: (f)Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration. The Governor-General may from time to time, by Order in Council, amend the Second Schedule--- (a)By omitting any reference to a regulation that has been revoked, and, if appropriate, substituting a reference to the corresponding new regulation: (b)By amending any reference to a regulation for the purpose of updating that reference. EXEMPT TRANSPORT SERVICES AND VEHICLES Passenger services operated by or under the control of any area health board, local authority, or incorporated charitable organisation where--- (a)The vehicles used are private motorcars driven by volunteers; and (b)The only payments made in respect of provision of the service are for reimbursement of operating costs. 2.Passenger services carried on by means of motorcars in which persons are carried to or from their place of employment or business pursuant to a cost-sharing arrangement between occupants of the vehicle. (a)Carried on exclusively for the purpose of providing relief or assistance during a state of national emergency, a state of national civil defence emergency, or a state of local civil defence emergency (as defined in the Civil Defence Act 1983) where--- (i)The service has been requested or ordered by the appropriate civil defence controller; and (ii)The service is under the control of that controller: (b)Carried on exclusively for the purpose of performing any public service or providing assistance to the civil power in time of emergency within the meaning of section 9 of the Defence Act 1990: (c)Carried on by any part or member of the Armed Forces on service within the meaning of section 44 of the Defence Act 1990: (d)Carried on exclusively for the purpose of undertaking a class 3 search and rescue operation where--- (i)The service has been requested by a ; and (ii)The service is under the control of that Centre: (e)Carried on exclusively for the purpose of providing relief or assistance during a pollution emergency that is being dealt with under the 1974.'' service to the extent only that it uses vehicles specified as exempt in Part II of this Schedule. passenger service where--- (a)The vehicle used is a large passenger service vehicle hired from a person who holds both a passenger service licence and a rental service licence; and (b)The only payments made in respect of the hire of the large passenger service vehicle to the person who hires the vehicle are payments reimbursing that person for the costs of hiring and operating the vehicle. Where a large passenger service vehicle is used in such circumstances, the vehicle shall be deemed to be operating under the licensee's passenger service licence. service that is specified as an exempt service by regulations made under this Act. Part II---Exempt Vehicles 1.Vehicles running on tracks or rollers. 2.Vehicles that operate solely on or in areas to which the public does not have access as of right. A vehicle shall not cease to be an exempt vehicle under this by reason only of the fact that it is being used on a road in connection with its inspection, servicing, or repair, or for the purpose of a practicable driving test required by or under any enactment. 3.Vehicles used as places of abode to the extent that they are not used in a rental service. 4.Vehicles listed as farm vehicles in Part I of the First Schedule to the Motor Spirits Duty Refund Regulations 1978, or in any provisions made in substitution for that Schedule. 5.Tractors (being motor vehicles designed principally for traction at speeds not exceeding 50kilometres an hour and not being vehicles fitted with self-laying tracks or a traction engine). 6.Forklifts (being motor vehicles designed principally for lifting and stacking goods by means of 1 or more forks, tines, , or clamps, and not being vehicles fitted with self- laying tracks). 8.Traction engines (as defined in section 2 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986). 9.Any vehicle that is specified as an exempt vehicle by regulations made under this Act. Sections 37, 38, and 39 SMALL PASSENGER SERVICE RULES Secretary may grant exemptions---(1) The Secretary may, subject to such conditions as the Secretary thinks fit, exempt the holder of any passenger service licence from all or any of the requirements of these rules in respect of any small passenger service vehicle while that vehicle--- (a)Is used in any registered or contracted service operating between defined points or areas or along defined routes; or (b)Is used in tour or special contract work; or (c)Is used in other special circumstances in respect of which the Secretary considers an exemption is appropriate--- and is not otherwise available for hire; and any such exemption shall apply also in respect of any person driving the vehicle. (2) The driver of any small passenger service vehicle shall produce a copy of any such exemption on demand by any hirer or by any enforcement officer who is in uniform or who produces evidence of identity as an enforcement officer. 2.Application of certain ---Except as provided in any exemption granted under rule 1of this Schedule, rules 3 to 21 of this Schedule shall apply in respect of any small passenger service vehicle at all times when it is hired or available for hire. 3.Signs---(1) The holder of a passenger service licence shall ensure that every small passenger service vehicle being operated under the licence--- (a) Has fitted on its roof a sign approved by the Secretary displaying the word ``TAXI''; and (b) Has fitted, in a position approved by the Secretary, a sign approved by the Secretary indicating whether or not the small passenger service vehicle is available for hire. (2)The signs referred to in subclause (1) of this rule may, if the Secretary so approves, be combined in one sign. (3)No person shall drive any small passenger service vehicle that is available for hire during the hours of darkness unless the sign or signs required by subclause (1) of this rule are illuminated. (4)sign required by this rule may be removed, with the consent of the hirer, while the vehicle is hired and being used in connection with a funeral or wedding. Advertising material---No holder of a passenger service licence shall permit any small passenger service vehicle to be used in the service if there is any advertising material on the outside or on the inside of the vehicle that is on any window or that may impede vision from or into the vehicle or that may obscure any notice, sign, or other matter required by or under this or any other Act to be displayed in or on the vehicle. Schedule of fares and charges inside vehicle---(1) holder of a passenger service licence shall ensure that there is carried within every small passenger service vehicle being used under the licence, and displayed so as to be readily visible to all passengers, a schedule, in a form approved by the Secretary,--- (a)Showing fares and charges, and multiple hire discounts; and (b)Showing the circumstances in which extra charges may be made and the maximum amount of those charges; and (c)Showing the name and telephone number of the approved taxi organisation to which complaints may be made, or, where the licence holder is not a member of an approved taxi organisation, the name and number of a person (other than the driver of the vehicle) designated by the licence holder as a person to whom complaints may be made; and (d)Informing passengers that complaints may also be made to the or . (2)No person shall drive any small passenger service vehicle if that vehicle does not have displayed the schedule required by subclause (1) of this rule. (3)schedule required to be displayed by this rule may be removed, with the consent of the hirer, while the vehicle is hired and being used in connection with a funeral or wedding. Schedule of fares on outside of vehicle---(1) holder of a passenger service licence shall ensure that there is displayed on the outside of every small passenger service vehicle being used under the licence, in a place or places and approved by the Secretary, a schedule of fares and charges, and multiple hire discounts. (2)No person shall drive any small passenger service vehicle if that vehicle does not have displayed on it the schedule required by subclause (1) of this rule. (3)schedule required to be displayed by this rule may be removed, with the consent of the hirer, while the vehicle is hired and being used in connection with a funeral or wedding. , etc., to be registered with Secretary---(1) The fares, charges, and multiple hire discounts referred to in rules 5 and 6 of these rules shall be registered with the Secretary before being displayed in or on any small passenger service vehicle. (2) No person shall display in or on any small passenger service vehicle, or drive any such vehicle on which is displayed, any fare, charge, or multiple hire discount that has not been registered with the Secretary. Fare schedules of organisations---(1) organisation representing the operators of small passenger service vehicles may register a uniform fare, charge, and multiple hire discount schedule with the Secretary in respect of all small passenger vehicles operated by the organisation or by members of the organisation, irrespective of whether the vehicles are operated under a licence held by the organisation or under licences held by members of the organisation. (2) agreement between operators of small passenger service vehicles to abide by any such schedule or by rules which require compliance with any such schedule, and the enforcement of any such schedule, is hereby specifically authorised for the purposes of the Commerce Act 1986. Operator identification---(1) holder of a passenger service licence shall ensure that there is clearly displayed on both the inside and outside of every small passenger service vehicle used under the licence,--- (a)In the case of a member of an approved taxi organisation, the name, business location, and telephone number of the approved taxi organisation to which the licensee belongs, together with a unique fleet number assigned by the organisation to that vehicle: (b)In any other case, the name, business location, and telephone number of the operator, together with the unique fleet number for that vehicle. (1A) The information required by subclause (1) of this rule to be displayed on the inside of the vehicle shall be positioned at the front of the vehicle, and the unique fleet number and name of the organisation shall be positioned on the inside at the rear of the vehicle. (2)The information required by subclause (1) of this rule to be displayed on the outside of the vehicle shall be positioned on the forward doors on both sides of the vehicle. (3)material required to be displayed by this rule may be removed, with the consent of the hirer, while the vehicle is hired and being used in connection with a funeral or wedding. Driver identification---(1) holder of a passenger service vehicle licence under which a small passenger service vehicle is operated, and every person driving any such vehicle, shall ensure that there is displayed in the vehicle, in a position so as to be readily visible to hirers, the driver's sealed driver identification card. (3)Subclause (1) of this rule shall apply at any time when the vehicle is available for hire, irrespective of whether or not there is any hirer in the vehicle. (4)Nothing in subclause (1) of this rule shall apply to the holder of a driver identification card issued under section 19A of this Act. Register of complaints---(1) approved taxi organisation shall ensure that there is maintained a single register of complaints received in respect of--- (a)The operation of all small passenger service vehicles operated by holders of passenger service licences who are members of the organisation: (b)The services operated: (c)The persons involved in operating the services. (2) holder of a passenger service licence under which one or more small passenger service vehicles are operated, being a licence holder who is not a member of an approved organisation, shall ensure that there is maintained a single register of complaints received in respect of--- (a)The operation of all small passenger service vehicles operated by that holder: (b)The services operated: (c)The persons involved in operating the services. (3)The register shall be made available for inspection at any reasonable time by any enforcement officer who is in uniform or who produces evidence of identity as an enforcement officer. (4)The register shall be maintained, and available for inspection under subclause (3) of this rule, for a period of not less than 2 years following the date of the latest entry in the register. Driver's duties and conduct---(1) driver of a small passenger service vehicle shall, if on duty and disengaged, accept any hiring of the vehicle and accept as a passenger the hirer and any person the hirer may require him or her so to accept, up to the authorised seating capacity of the vehicle, except that--- (a)The driver may refuse to accept any person as a passenger, or refuse to continue the hiring of the vehicle by any person, if the driver believes, on reasonable grounds,--- (i)That the driver's personal safety would be threatened or endangered thereby; or (ii)That the person appears to be under the influence of drink or drug, is in a filthy condition, or is consuming food or drink; or (iii)That the person is noisy or violent or is disturbing the public peace; or (iv)That the person is accompanied by any animal (unless that person's sight is impaired and the animal is a guide dog): (b)The driver may refuse to accept a hire where the hirer has previously failed to pay the fare due for a previous hire and does not pay that fare before the commencement of the new hire: (c)The driver may refuse to accept a hire where he or she has sought and been refused prepayment of the fare: (d)The driver may refuse to accept a hire where the vehicle has an adult seating capacity (including the driver) in excess of 6 and is being used in a service that regularly operates between defined points or areas, or is being used in a registered service irrespective of capacity, and the prospective hire is not consistent with that service. (e)The driver may refuse to accept a hire in any area where the driver does not hold an area knowledge certificate that applies to that area. (2) driver of a small passenger service vehicle shall--- (a)At all times while engaged in operation of the vehicle conduct himself or herself in an orderly, clean, and civil : (b)On being asked by a prospective hirer a question as to the scale or basis of fare chargeable for any specific hiring, state the correct scale or basis of fare (including extra charges) applicable to the hiring; and, where a multiple tariff meter is in operation, inform the hirer when any change in tariff setting is being made: (c)in or upon the vehicle any reasonable quantity of any luggage when so requested by the hirer, take proper care of any such luggage, and secure it in such a as to prevent it being lost or damaged; except that the driver shall not be required to carry upon the vehicle any luggage that--- (i)Would endanger the safe driving and handling of the vehicle; or