Motor Hire Car Regulations (ACT)
THE TERRITORY FOR THE SEAT
OF GOVERNMENT.
Regulations under the Motor Traffic Ordinance
1932-1933.
I J O H N ARTHUR PERKINS, Minister of State for the Interior, , in pursuance of the powers conferred upon me by the Motor Traffic Ordinance 1932-193J3 hereby^make the following Regulations.
Dated this twenty-seventh day of June, 1934.
' ' J . A. PERKINS
Minister of State for the Interior.
MOTOR HIRE CAR REGULATIONS.
PART I;—PKELIMINABY.
1. These Regulations may be cited as the Motor Hire Car short title.
Regulations.
2. .These Regulations shall come into force on the fifth day of commencement
July, i934.
3. These Regulations shall apply in relation to public hire cars Application of
and to private hire cars, Bottom.
| Parts. | These Regulations are divided'into Parts, as follows:— |
Part I.—Preliminary. Part II.—Drivers of Hire Cars.
Division 1.—Licensing of Drivers.
Division 2.—Conduct, .&c, of Drivers of Public
Hire Cars.
Part III.—Ranking. • -
,• Part IV.—Fares. * '. ,
Part V.—Miscellaneous.
| Definitions. | 5. | In these Regulations, unless the' contrary intention appears— " medical testing officer " means an officer appointed under the |
Ordinance to be a medical testing officer;
"official traffic sign" means any notice, sign or other device marked, placed or erected on or at the side of a public street by the authority of the Minister for the purpose of guiding, directing, regulating or warning'motor vehicles or traffic; " parking area " means a parking area specified in the Second
Schedule to the Motor Traffic • Regulations and indicated by an official traffic sign; .
" public stand " means a public stand specified in the Schedule to these Regulations and indicated by an official traffic sign;
" testing officer " means an officer appointed under the Ordinanceto be a testing officer; and
" the Ordinance" means the Motor Traffic Ordinance 1932, as
amended from time to time.
PART II.—DRIVJDBS OF HIRE CABS.
Division 1.-—Licensing of Drivers.
| Drivers to be | 6. Wo person shall drive a public or private hire car unless he holds |
specially
| licensed. | a licence which specifies'that he is licensed to drive a public or a private hire car, as the case may be. |
| Qualifications | . 7. An applicant for a licence to drive a public hire car shall produce |
| of drivers of | |
| pnblio hire | evidence to the satisfaction of the Registrar that he is— |
| cars. |
(a) a person of good character;
(b) a fit and proper person to hold the licence; and(c) is able to read and write the English language.
| Qualifications | 8. An applicant for a licence to drive a private hire car shall | |
| of drivers of | ||
| private hire | produce evidence to the satisfaction of the Registrar that he is a fit | |
| cars. | and proper person to be the holder of the licence. | |
| Certificates | 9. Before the grant of a licence to drive a public or private hire given by a testing officer and tho applicant shall answer in writing the questions required by the Registrar to be answered and shall sign his | |
| ns to fitness | ||
| and | car, a certificate of fitness and a certificate of competency shall be | |
| competency. | ||
|
. " • ' - • .
.Certificate of
| character In | 10. The applicant for a licence to drive a public hire car shall | |
| respect of | ||
| drivers of | submit to the Registrar a certificate of character, signed by two persons | |
| public hire | ||
| cars. | of good repute approved by tfie Registrar. | |
| Medical | ||
| certificate in | 11. Before granting or renewing any licence to drive a public or medical certificate given by a medical testing officer to the effect that he has on the date of the certifieate -personally examined the applicant, knowing him to be an applicant for the grant or renewal of such licence, and that, in his opinion, having proper-.regard to the health and safety of passengers and of the public generally, the applicant is a medically fit and proper person to be employed as the driver of a public or private | |
| respect of | private hire car, the Registrar may require the applicant to present a | |
| hire car | ||
| drlvor. | ||
| ||
| Badges for | ||
| drivers of | 12.—(1.) The Registrar shall issue' :to, every licensed driver of a | |
| publlo hire | ||
| cars. | public hire car a metal badge, having* thereon a representation of the Canberra Coat of Arms, tho registration number of the licence and such other particulars as the Registrar thinks proper. | |
|
{3.) "Within three jiays -of the date of?expiry of the period for which the badge was issued, or the date of the, cancellation or suspension of the licence held by the person in whose name the badge was issued, that person shall return the badge to the Registrar.
(4.) Where a badge is required to be returned to the Registrar in pursuance of this regulation and is not so returned or is, when, so returned, so defaced as, in the opinion of the Registrar, to bo of no further use, the person to whom the badge was issued shall pay to the Commonwealth the sum of Five shillings, and that sum shall be recover- able as a debt due to the Commonwealth in any Court of competent .
jurisdiction. (5.) Where a badge is lost,r destroyed, or so damaged Or defaced as to be of no further, use, the person to whom the badge was issued shall notify the Registrar, and> in the case of loss or destruction, forward to the Registrar a statutory declaration of the loss or destruc- tion and the Registrar shall, if satisfied tha(t no improper use has been made of the badge, and on payment of the sum of Five shillings, supply the person with a now badge.
(6.) A badge shall,not bo transferable and any unauthorized person who wears a badge shall be guilty of an offence.
Division 2.—Conduct, &c, of Drivers of Public Hire Gwrs.
13.—The driver of a public hire car shall not— tatter* ja* to x
smoke, &6.-
t
(a) smoke whilst the vehicle is convoying any passengers;
(b) importune any person to hire the vehicle to the annoyance
of that person or any other person;
(c) leave his vehicle to tout for passengers or for a hiring;
(d) endeavour to attract notice by whistling, shouting or calling;
(c) permit the vehicle to loiter; or(/) wrongfully or-forcibly prevent or attempt to prevent the
driver of any other public motor vehicle from obtaining
a hiring.
14. The driver of a public hire car shall, whilst plying for hire— Rules as to (a) be clean and tidy, and wear clean and respectable clothes; &oa,ntonbo3' (b) conduct himself in an orderly manner, and with civility and ^1 s^o d b y propriety towards every passenger or intending passenger;
and
(c) have a copy of these Regulations ready for production, and, at the request of any member of the Police Force, or an officer, acting in the execution of- his duty, or of any person hiring or intending to hire or use the vehicle, produce the copy for inspection.
15. The driver of a public hire car shall not, upon any public PUHI0 hi™
Stree t— , „ • , , , . - , , bedrlvonby
(a) permit any unlicensed person to act as the driver of the unauthorized i • l porsons.
vehicle; or *
(b) without the consent of the owner of the vehicle, permit any
person to act in his stead as the driver of the vehicle.
16. The driver of a public hire car shall, upon any public street, Drives to
when not actually employed in or about the vehicle, remain on the Ĵ tnlBeM..
driving seat thereof.
17. The driver of a public hire car shall not, upon any public street, offensive sto"b?' &°"
permit any person to place or carry in the vehicle any substance of an not
offensive character. • carried.
18. The driver of a public hire car "shall not— persons not to (a) whilst hired, suffer or permit any person to ride Or be pubUcYtre011 carried in or upon the vehicle without the consent of the j ^ ^ * ? 1 1 '
hirer; hirer. (b) sleep, or lounge, or eat his meals, inside the vehicle; or
(c) convey upon the roof of the vehicle any luggage or goods
unless ~safely and securely fastened to the vehicle.
stand shall, unless engaged for hire, accept any hiring for the con- J^S6,?,6 19.—(1.) The driver of a'public hire car which is upon a public Drivor bound veyance of any person when requested so to do by—- oertaln cases. (a) any person other than a person who-is—
(i) suffering from an infectious or contagious disease
or illness;.
(ii) drunk or dirty or attired so as to be likely to soil
or damage the vehicle; or
(iii) noisy or violent, or misbehaving, or disturbing the
public peace; or
(b) a member of the Police Force acting in the execution of his
duty. -' '
' (2.) The member shall,..in respect'of such hiring,.be liable to pay the driver, in addition to.the legal fare, reasonable compensation for any damage or loss of' time consequent on the hiring.
Driver to 20. The driver of a public hire car shall, if he solicits a hiring accept tilting
| if he solicits | whilst a t . any place other than a public stand, accept the hiring |
| at any place | |
| not a stand. | immediately when offered: |
Provided that a driver may refuse to accept any hiring—
(a) by any person coming within the classes enumerated in paragraphs (i) to (iii) of paragraph (a) of regulation 19; or
(b) to proceed to any place outside the Territory.
| On request | 21.—(1.) The driver of a.public hire car shall, when so requested |
| driver bound | |
| to carry | by the hirer, convey in the vehicle any number of passengers not |
| passengers In | |
| accordance | exceeding the mvmber stated in the lioence to ply for hire issued in |
| with licence. | respect of that vehicle. |
| (2.) In computing, for the purposes of this regulation, tho number of passengers, a child apparently under five years of age shall not be taken into account. | |
| car not to | |
| Public hire | 22. The driver of any public hire car shall not permit the vehicle |
| • stand In public | to stand at any place upon a public street, other than a public stand |
| street. | ,' |
or parking area, for a longer.period than thirty minutes except—
(a) whilst taking up or setting down passengers;
(b) by the direction or with the consent of a member of the
Police Force; or
(c) whilst hired.
PABT III .—BANKING.
| public stands. | 23. Every place or part of a public street specified in the Schedule to these Regulations shall be a public stand for the exclusive use of public hire cars and shall be indicated by an official traffic sigu. |
.
| Position of | 24.-^(1.) The driver of a public hire car shall, on arriving at the |
| public hire | |
| car on public | public stand at Kingston— |
| stand at | |
| Kingston. | (a) if there is no other vehicle on that stand, take up the first |
position at the Northern end thereof; or
(b) if there are other vehicles on that staud, take up the first position available immediately to the South of such vehicles.
(2.) Where a position at the Northern end is vacated by any vehicle, the driver of the public hire car occupying the position upon such public stand nearest to that vacated may forthwith occupy the position vacated.
Position or
| public hire car | 25.— (1.) Unless otherwise directed by a member of the Police | |
| on public | Force, the driver of a public hire car shall, on arriving at any public | |
| stands other | ||
| than that at | stand other than the public stand at Kingston— | |
| Kingston. | (a) if there is no other vehicle on that stand, take up the | |
|
is furthest away from the telephone box.
(2.) Where a position on that public stand nearer to the telephone box is vacated, the. driver of the public hire car next to the position vacated may forthwith cause the vehicle of which he is the driver to be drawn up to that position.
| Urst car to | 26. Where more than one public hire car is upon a public stand, the vehicle nearest to the telephone box on such public stand shall, unless the person hiring selects a particular vehicle, have a right to | |
| have right of | ||
| hiring. | ||
| ||
| Public hire car | 27. The driver of a public hire car shall not cause it to be drawn | |
| not to bo | ||
| placed on fully | upon a public stand which is fully occupied. . | |
| occupied stand. |
PAJJT iy .—FAKES.
Information as
| to fares to be | 28.—T(1.) The Registrar may, by notice in.writing, require the |
| furnished to | owner of driver of a public or private hire car to furnish to him, |
| Registrar. | within, the time specified in .the notice, full and correct, information cb'ncfetfning the f aT'es charged for travelling in the veln'olfr. |
(2.) Any owner or driver who, without reasonable excuse, fails, after receipt of a notice under the last preceding sub-regulation, to furnish the required information within the time specified in the notice shall be guilty of an offence.
29. The driver of a public hire car shall display or cause to . be List of fa™.
displayed in the vehicle, in such a position as to be readily seen by
passengers, a notice indicating legibly the fare3 charged for hire.
intending passenger full and correct information concerning the fares tlfpubUo.0" 30. The driver of a public hire car shall, upon request, give to any Driver to give charged for travelling in the vehicle.
without discharging the car, or without giving the driver instructions or are ' 31.—-(1.) The driver of a public hire car whose hirer has left Driver waiting to wait, Bhall not be entitled to a fare for detention beyond th i r ty
minutes unless he has ascertained that the hirer intended him to wait.(2.) Where. $. hirer, upon leaving a public hire car, instructs the driver to wait, the driver may, if he thinks fit, claim his fare instead of waiting.
32.—(1.) The driver of a public hire car, on being discharged at Driver not to
entitled to claim any fare for the time between the time of such j^™0™^,, any place and instructed to call back at a later hour, shall not be between'to?0 discharge and the time appointed for him to call back, unless a special agreement
agreement is made between the hirer, and the driver to that effect.(2.) A driver may, if he thinks fit, claim his fare to the time of discharge, and may refuse to accept the hiring to return. 33.—(1.) After the termination of a hiring, the hirer of a public I'are to bo
hire car shall, upon demand by the driver, pay the fare chargeable in §emand.
accordance with the notice mentioned in regulation 29 for the mileage
over which the passenger has travelled, or such lesser amouut as may
be agreed upon.(2.) The driver of a public hire car shall not demand a greater fare than the fare chargeable in accordance with such notice.
34. The owner, or the driver of a public or private hire car, or any separate farea
other person shall not demand or collect separate fares from passengers Hen^o^} or for any one hir ing or for any one journey if there are more persons collected,
than one travelling.
PAJRT V.—MISCELLANEOUS.
35. Every licensee under a licence to ply for hire in respect of a Licensee to
A
, !- i . , , -i . *• v i n keep record of
public hire car or under a private hire car licence snail— an drivers (a) keep a record of the full name and place of abode of each him.°ye y
person who has driven the public or private hire car and the dates upon which that person drove such vehicle; and
(6) at the request of the Eegistrar, or a member of the Police Force, or an officer, acting in the execution of his duty, produce the record for the inspection of the Eegistrar,
member or officer:Provided that it shall not be necessary for the licensee to produce the record of any driver for a period exceeding three months preceding the date of the request.
owner of a public or private hire car to produce at the office of the HceSUcesPtod,Ioe 36.—(1.) The Registrar may, by notice in writing, require the owners of hire Eegistrar, within such time as is specified in the notice, his licence to Registrar,
ply for hire in respect of the public hire car or his licence to use a
motor ear as a private hire car, as the case may be.(2.) Any owner who, without reasonable excuse, fails, after receipt of a notice under the last preceding sub-regulation, to produce his licence at the office of the Registrar within the time specified in the notice shall be guilty of an offence.
37. A licensee under a licence to ply for hire in respect of a public Production of
hire car or under a private hire car licence shall, before permitt ing or oTu'cMiceto
employing any person to act as the driver of the vehicle, produce to employee,that person, if required by him, the certificate of registration or licence
in respect thereof: ~ • • - •.
Fublio hire
| car to ply | 38.—(1.) A public hire car shall not ply for h i re on any public |
| only in | street upon which it is not licensed to ply. |
| localities | |
| permitted. | (2.) The owner and the driver of any motor vehicle which plie3 for hire in contravention of the last preceding sub-regulation shall be guilty of an offence. |
| Notice of | |
| accident. | 39. I n the event of an accident occurring in connexion with a public, hire car, the driver shall forthwith give notice thereof to the owner. |
| Public hire | |
| oar not to | 40. The driver or owner of a public hire car shall not cause or |
| be used for | permit the vehicle to be used for an illegal purpose. |
| Illegal | |
| purposes. | |
| Miniature | 41 . Subject to the next succeeding regulation, the owner of a public the vehicle the metal plate supplied by the Registrar showing the letters and figures of the number-plates issued in connexion with the regis- tration of the vehicle. |
| plato to bo | |
| affixed Inside | hire car shall cause to be securely fixed in a conspicuous place within |
| public hire car. | |
| Label to bo | 42.-—(1.) Where, in respect of a public hire car which is registered |
| carried on | |
| vehicles not | in some place outside the Territory, a licence is granted to ply for hire |
| registered | |
| under the | in the Territory, the Registrar shall issue to the person in whose name |
| Ordinance. | the vehicle is registered in such place, a label having thereon particulars of the vehicle, the duration of the licence and any other matters which the Registrar thinks proper to insert. |
| (2.) The label shall, during the currency of the licence, be affixed and kept affixed by the owner, on the inside or back of the main par t of the windscreen of the vehicle, in such a position that the centre of the label is not more than six inches from the bottom left-hand or near side corner of the windscreen, and so that the front of the label faces towards the front of the vehicle. | |
| Drivers bf | 43. The drivor of a private hire ear shall not tout for passengers |
| private hire | |
| cars not to | for, or importune any person to use, the vehicle. |
| tout for | |
| fares. | 44. Any unlicensed person acting as the driver of a public or private |
| Unlicensed | |
| person acting | hire car shall be subject to these Regulations and liable for any breach |
| as driver to | thereof in like manner as if he were a licensed driver. |
| Regulations. | be subject to |
| Taking charge | 45. Where any person driving a public or private hire car is arrested, |
| of vehicle | |
| where drivor | any member of the Police Force may take charge of the vehicle and |
| arrested. | place i t in a place of safety unti l claimed by the owner. |
| Offences. | 46. Any person who commits, or knowingly aids, abets, counsels, procures or assists any person to commit, a breach of any of these |
|
Pena l t y : Ten pounds.
| Offences | 47. 3STo person shall be deemed to be guilty of a breach of any of |
| resulting | |
| from accident | these Regulations if he proves to the satisfaction of the Court hearing |
| or other | the case that the occurrence which is the subject of the case was the |
| unavoidable | |
| causes. | result of accident, or could not have been avoided by any reasonable efforts on his par t . |
Regulation 23.
T H E S C H E D U L E .
PUBLIC STANDS.
KINGSTON.
That part of Giles-street, Kingston, 16 feet wide between lines lying 20 feet and 82 feet respectively south-westerly from Tench-street and within lines 10 feet from the north-western boundary of Giles-street and 0 feet from the align- ment of the north-western kerb thereof.
0
0
0