sou · GNB360 · 2000-01-01 00:00:00 — (2)Nothing in subsection (1) of this section shall prevent the carrying on of a transport service under a transport service licence that was previously held by a deceased person, for a period not exceeding 6months following the death of the person,--- (a) By the personal representative of the deceased person; or (b) By any other person pursuant to an arrangement with the personal representative. (3)Nothing in subsection (1) of this section shall apply in respect of any passenger service licence that was formerly a taxicab-service licence where the lease was granted in accordance with Part VII of the Transport Act 1962 before the 1st day of . (4)term or condition in any such lease that is imposed by a Licensing Authority or implied by section 145 of the Transport Act 1962 shall cease to be of effect on and after the 1st day of . Licence to continue in force until surrendered or revoked---(1) transport service licence shall take effect on the day it is granted and shall continue in force until it is surrendered or revoked under this Act. (2) Where no vehicle has been operated pursuant to a licence for a period of 2 years, the licence shall be deemed to have been surrendered and shall be revoked by the Secretary. 28.Surrender of licences---The holder of any licence may at any time surrender the licence to the Secretary. 29.Register of licences---(1) The Secretary shall keep a register of licences granted, suspended, surrendered, and revoked under this Act. (2) The register shall be available for public inspection at any reasonable time on payment of the prescribed fee (if any). Duties of Licence Holders Licence holder to notify changes to Secretary---(1) holder of a transport service licence shall--- (a)Notify the Secretary of any change in the business or residential address of the holder of the licence: (b)Notify the Secretary of any change in the person or persons having control of the service or the business or residential address of any such person: (c)If the licensee or any of the persons referred to in paragraph (a) of this subsection is a body corporate, notify the Secretary of any change in the person or persons (not being bodies corporate) who in fact have control of that body corporate and any change in the residential address of any such person. (2)The notification required to be given under subsection (1) of this section shall be given either before the change occurs or within 14 days after it has occurred, and shall include such other identification information as the Secretary may require. (3)Nothing in paragraph (b) or paragraph (c) of subsection (1) of this section shall require the notification of any change in the person or persons having control of the service or business, or any change in the residential address of a person to the extent that--- (a) The person having control--- (i)Is an elected member of any local authority, and has control of the service or business in that capacity only; or (ii)Is an officer of the State services or of any Crown agency or local authority, and has control of the service or business by reason only of any position held ex officio in rela- tion to that service or business unless the Secretary by notice in writing to the holder of the licence requires any such change or changes to be notified under this section; or (b)The Secretary--- (i)By notice in the Gazette in respect of any class of transport service or person; or (ii)By notice to the licence holder concerned, in any particular case,--- exempts, services or persons of that class, or the licence holder, from the requirements of this section. (3A) References in this section to a person or persons having control of a service or business or body corporate shall, in relation to any holder of a transport service licence, be read as including a person or persons holding a principal management position in the employ of the licence holder, but shall not be read as including persons employed in lower positions. (4) holder of a transport service licence who fails to comply with this section commits an offence and is liable on summary conviction to a fine not exceeding ,000. 1962, No. 135, s. 127 Requirements as to vehicles---(1) holder of a transport service licence shall ensure that--- (a)vehicle to be used in connection with the service is maintained in a fit and proper condition and that the requirements of any Act or regulation made for this purpose are met: (b)No vehicle is used in connection with the service unless and until all fees payable in respect of the vehicle and the service under any Act, regulation, or bylaw have been duly paid. (2)The holder of any transport service licence shall, whenever required to do so by the Secretary, present for inspection any vehicle that is used in the service. (3)No person shall use any vehicle in a transport service if that vehicle has suffered serious damage until the vehicle has been inspected by an officer of the authorised by the Secretary, or the owner of the vehicle has been informed by such an officer that the vehicle is not to be inspected. 1962, No. 135, s. 132 (1); S.R. 1984/119, regs. Licence holder to disclose name of driver of vehicle---(1) Where the holder of a transport service licence employs any person to drive a vehicle under that licence, the licence holder, on being informed of any offence alleged to have been committed by that person or by a person driving a vehicle being used under the licence, and on being requested to do so by the Secretary or an enforcement officer, shall supply forthwith in writing the full name and address of the driver. (2) holder of a licence who in contravention of this section fails to supply the name and address of any driver commits an offence and is liable on summary conviction to a fine not exceeding ,000. 33.Notification of vehicles used in transport service---No certificate of fitness shall be issued on or after the 1st day of 1990 in respect of any transport service vehicle unless the person issuing the certificate of fitness has been notified of the licence 34.Certificate of responsibility where person other than owner operates vehicle under licence---(1) Where any vehicle is used under a transport service licence but its use under that licence has not been notified under section 33 of this Act, the owner of the vehicle shall obtain from the person using the vehicle under the licence (if that person is not the owner) a certificate of responsibility, in a form prescribed by the Secretary, indicating that the vehicle is being used in the service, and that in respect of that vehicle the person operating the service may be liable to be prosecuted, and may incur any demerit points, in the case of any offence being committed in relation to the use of the vehicle in that service. (2)A certificate of responsibility shall be obtained before the vehicle is used in the relevant service unless in the circumstances it is unreasonable to do so. (3)person who obtains a certificate of responsibility in respect of any vehicle registered in his or her name shall retain that certificate for a period of not less than 12 months after the last date to which it relates, and shall produce the certificate on demand by an enforcement officer. (4)person who fails to comply with any of the provisions of subsections (1) to (3) of this section commits an offence and is liable on summary conviction to a fine not exceeding . (5)In any proceedings for an offence against this section it shall be for the holder of the licence under which the vehicle was operated to satisfy the Court that in the circumstances it was unreasonable for a certificate of responsibility to be obtained before the vehicle concerned was used in the transport service. Small passenger service rules---(1) The rules set out in Part I of the Third Schedule to this Act shall apply in respect of every small passenger service vehicle operated under a passenger service licence. (2)enforcement officer who is in uniform or who produces evidence of identity as an enforcement officer may direct the driver of any small passenger service vehicle that is not in compliance with any such rule to cease making the vehicle available for hire and to remove the vehicle from any designated stand until such time as the vehicle is in compliance with the rules. (3)holder of a passenger service licence and every driver of a small passenger service vehicle who acts in contravention of or fails to comply with any rule set out in Part I of the Third Schedule to this Act, or any direction given by an enforcement officer under subsection (2) of this section, commits an offence and is liable on summary conviction to a fine not exceeding ,000. (1) person who is dissatisfied with any decision relating to that person and made by the Secretary under any of sections 6D, 6E, 6F, 10, 11, 14, 15, 16, 19, 21, 23, 39D, 39E, and 39K of this Act may appeal to a District Court against that decision. (2) It is hereby declared that the exercise of any power conferred on the Secretary by any provision referred to in subsection (1) of this section is a decision within the meaning of that subsection. (2) Nothing in subsection (1) of this section affects any right of appeal that was exercisable under the principal Act immediately before the commencement of this Act. Procedure---(1) appeal under section 42 of this Act shall be brought, by way of originating application, not later than 28 days after the date on which the appellant was notified pursuant to section 25 (6) of this Act (or section 16 (2) (b) of this Act, in the case of a suspension under that section) of the decision appealed against, or within such further period as the District Court may allow. (2) In dealing with an appeal under section 42 of this Act,--- (a)A District Court may hear all evidence tendered and representations made by or on behalf of any party to the appeal that the Court considers relevant to the appeal, whether or not that evidence would be otherwise admissible in that Court; and (b)The Court may--- (i)Confirm, reverse, or modify the decision appealed against, and make such orders and give such directions to the Secretary as may be necessary to give effect to the Court's decision; or (ii)Refer the matter back to the Secretary with directions to reconsider the whole or any specified part of the matter; and (c) 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. (3) Subject to section 45 of this Act, the decision of the District Court on any appeal under section 42 of this Act shall be final. Decision of Secretary to continue in force pending appeal, etc.---(1) decision of the Secretary appealed against under section 42 of this Act shall continue in force pending the determination of the appeal, and no person shall be excused from complying with any of the provisions of this Act on the ground that any appeal is pending. (2) Notwithstanding that any appeal under section 42 of this Act may have been determined in favour of the appellant, the Secretary may, subject to the like right of appeal, refuse to grant, revoke, suspend, disqualify, or otherwise deal with in accordance with the provisions of this Act any licence, driver identification card, approval, or person to which or to whom the appeal related, or any licence, driver identification card, or approval granted or restored in compliance with the decision of the District Court on the appeal, on any sufficient grounds supported by facts or evidence discovered since the hearing of the appeal. Appeal to on question of law---(1) party to an appeal under section 42 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) appeal under this section shall be heard and determined in accordance with the rules of Court. Further appeal to Court of Appeal---(1) party to an appeal under section 45 of this Act who is dissatisfied with the decision of the in respect of the appeal as being erroneous in law may, with the leave of the or (if that leave is declined) with special leave of the Court of Appeal, appeal to the Court of Appeal on that question of law. (2)On any appeal under subsection (1) of this section the Court of Appeal may make such order or determination as it thinks fit. (3)The decision of the Court of Appeal on an appeal under this section, or on any application for leave to appeal, shall be final. (4)Subject to the foregoing provisions of this section, the procedure in respect of any appeal under this section shall be in accordance with the ordinary rules of Court. REGISTRATION OF ROAD, RAIL, AND OTHER PASSENGER SERVICES Interpretation---(1) In this Part of this Act, unless the context otherwise requires,--- ``Contracted service´´, in respect of a passenger service, means a specified service respect of which a regional council has contracted to pay for the supply of that service, and, to the extent that a regional council has contracted to pay for the supply of part only of a specified service, means that part: ``Passenger service´´ ,---- (a)Subject to paragraph (b) of this definition, means--- (i)passenger service within the meaning of section 2 (1) of this Act; and (ii)Except in section 57 of this Act (other than to the extent specified in subsection (3) that section), any harbour ferry service, passenger rail service, cable car, hovercraft, monorail, tramway, or other form of public transport (other than air transport) that is available to the public generally: but (b)Does not include an ambulance service: (1990:123) ``Regional passenger transport plan´´ means a plan (identified as a regional passenger transport plan)--- (a)Prepared by a regional council or a territorial authority that has the functions, powers, and duties of a regional council under this Act; and (b)Prepared in consultation with the public and the constituent authorities (if any) in the region concerned; and (c)Made available to the public; and (d)Specifying the passenger services the regional council or the territorial authority proposes to be provided in its region or district, both generally and in respect of the transport disadvantaged: (1990:123, 1992:69) ``Registered service´´ means--- (a)In respect of a passenger service, a passenger service registered under section 49 of this Act; and (b)In respect of a specified service, any part of the service that is so registered;--- and includes a contracted service: ``Specified service´´ means a passenger service specified in a regional passenger transport plan. (2) In addition to the matters described in paragraph (d) of the definition (in subsection (1) of this section) of the term `regional passenger transport plan´, such a plan --- (a)specify the conditions of the services the regional council or territorial authority concerned proposes to be provided in its region; and (b)Without limiting the generality of paragraph (a) of this section, may specify all or any of the following matters: (i)Routes, capacity, frequency of service, and fare structure: (ii)special provisions for users of a specified class or description of the services or any of them; and (c)specify any other matters the regional council or territorial authority thinks fit. Passenger services operated on or after 1 1991 to be notified to regional council--- (1) Except as provided in subsection (4) of this section, every person who proposes to operate a passenger service on or after the 1st day of 1991 shall, not later than 21 days before the service is to be commenced, and earlier if possible, notify details of the service, including routes or areas of operation, timetables or operating hours, fares, and such other matters as may be required by the Secretary or the regional council, to every regional council in whose region the service is to operate. (2)Except in the case of notices to which section 56 (3A9 of this Act applies, no notice under this section shall be given before the 1st day of . (3)With the consent of the regional council concerned, any notice required by this section to be given by any person may--- (a) Be given by an organisation on behalf of the person; and (b) Relate to any number of services. (4)Nothing in this section or in section 50 of this Act shall apply in respect of--- (a)region in which the service does not pick up or set down passengers; or (b)service that is not available to the public generally; or (c)charter of a large passenger service vehicle. (5) Notwithstanding subsection (2) of this section, any notice under section 56 of this Act is a sufficient compliance with subsection (1) of this section in respect of the service to which the notice relates; but (a) Section 49 (1) of this Act shall apply to such a notice given to the regional council concerned before the 1st day of October 1990 as if, for the words `whitin 21 days of receiving the notice´, there were substituted the words `not later than the 21 day of October 1990´;and (b) Nothing in section 54 or section 55 of this Act shall apply in respect of the service concerned if it is a small passenger service operated under a passenger service licence and it is not involved in a scheduled service over a specified route or between or through specified locations. Registration of notified service---(1) Subject to section 54 of this Act, a regional council shall, unless it declines registration under subsection (2) of this section, register a passenger service notified to it under section 48 of this Act within 21 days of receiving the notice concerned. (2)A regional council may decline to register a passenger service under this section where the service proposed--- (a) Is likely to have a material adverse effect on the financial viability of any contracted service; or (b) Is likely to increase the net cost to the regional council of any contracted service; or (c) Is contrary to sound traffic management or any other environmental factor identified by the regional council as being of importance to its region. (3)Where a regional council declines to accept registration of a passenger service under this section it shall--- (a) Forthwith advise in writing the person seeking registration of--- (i)That decision, and the grounds for the decision; and (ii)If applicable, any date on which the service will be able to be registered; and (b) As soon as practicable, make publicly available its reasons for the decision and, if applicable, the date when the service will be able to be registered. Abandonment or variation of registered service---(1) Except as provided in this section, and subject to section 55 of this Act, the operator of a registered service who wishes to abandon or vary that service shall give not less than 21 days' prior notice in writing to the regional council with which the service is registered. (2) The regional council may reduce or waive the period of notice required by subsection (1) of this section if it is satisfied that the public would not be unreasonably disadvantaged by the earlier abandonment of or variation to the service. (3)notice required by this section to be given by the holder of a licence may, if the regional council consents, be given by any organisation acting on behalf of a group of holders of such licences and may relate to any number of licence holders. (4)Subject to section 55 of this Act, the regional council with which the service is registered shall, unless it declines registration under subsection (5) of this section, withdraw registration of the service or, as the case may require, register the variation in the service, on the later of--- (a) The 21st day after the date on which the notification of abandonment or variation was received by it, or such earlier date as may be appropriate having regard to any waiver of or reduction in the notice required under subsection (2) of this section; or (b) The date on which the operator has specified that the service is to be abandoned or varied. (5)A regional council may decline to register a proposed variation in a service notified to it under this section where the service, as proposed to be varied,--- (a) Is likely to have a material adverse effect on the financial viability of any contracted service; or (b) Is likely to increase the net cost to the regional council of any contracted service; or (c) Is contrary to sound traffic management or any other environmental factor identified by the regional council as being of importance to its region. (6)Where a regional council declines to register any variation of a service under this section, it shall--- (a) Forthwith advise in writing the person seeking the variation of--- (i)That decision, and the grounds for the decision; and (ii)If applicable, any date on which the variation will be able to be registered; and (b) As soon as practicable, make publicly available its reasons for the decision and, if applicable, the date when the variation will be able to be registered. Operation of unregistered service, etc.---person who, on or after the 1st day of 1991,--- (a)Operates within any region a passenger service that is not registered within that region; or (b)Being the operator of a registered service, without reasonable excuse abandons or varies that service without giving the notice required by section 50 of this Act or in contravention of section 55 of this Act,--- commits an offence and is liable on summary conviction to a fine not exceeding ,000. Regional council to make register of services available to public---(1) regional council shall maintain and make available to the public a current register of all services registered by it under this Part of this Act. (2) A regional council that fails to comply with the provisions of subsection (1) of this section commits an offence and is liable upon summary conviction to a fine not exceeding ,000. Regional council to ensure passenger transport information available---regional council that registers details of any service under this Part of this Act shall satisfy itself that the information is reasonably readily available to the public free of charge or at a reasonable price, and if it is not so satisfied shall ensure that the information is so available. (1) regional council and every territorial authority that has the functions, powers, and duties of a regional council under this Act shall, in the course of performing its functions, powers, and duties under this Act, consider whether it could most efficiently and effectively perform those functions, powers, and duties by means of its own operations or by contracting out those operations to appropriate persons selected after an appropriate competitive process. (2)Where a regional council or such a territorial authority considers that other persons can more efficiently and effectively perform any of its functions, powers, and duties under this Act, the council or authority--- (a) Shall invite tenders for the performance of such functions; and (b) If a tender is successful, shall enter into an agreement setting out the terms on which those functions, powers, and duties are to be performed by the other person. (3)regional council and every such territorial authority shall have and may exercise all such powers as are necessary or reasonably expedient to enable it to perform its duties under this section, and such powers and duties are in addition to, and not in substitution for, powers and duties conferred on regional councils and such territorial authorities by any other Act. (4)Where a regional council or territorial authority invites tenders under subsection (2) of this section, any other regional council or territorial authority may submit a tender and, if successful, enter into an agreement under that subsection.