Public Vehicles Regulation Act of 1873 No 9a (NSW)

36 No. 14. 36° VIC. 1873.

JPuhlic Vehicles Vecjulcdlon.

No. XIV.

P ublic VEHiciEg

R kgulition. An Act to regulate Public Vehicles in the City

and Police District of Sydney.	[3r(/ April,
1873.]

Preamble.	IXE it enacted by tlie Queen’s Most Excellent Majesty by and -with
l ) the adA'ice and consent of the Legislath^c Conncil and Legislative Assembly of New South "Wales in Parliament assembled and by tlie authority of the same as folloAt s :—

Commencement and

short title of Act.	1. This Act shall come into force on the first day of .Vju'il in the year one thousand eight hundred and seventy-three and may be cited as the “ Public Vehicies Pegulatiou Act of 1873.”
Repeal clause.	2. The several Acts and parts of Acts to the extent set forth in Schedule A are hereby repealed Provided ahvays that all licenses granted under any of the said repealed enactments and all laAA’ful proceedings acts matters and things done or commenced thereunder and all offences against the same or any Ixy-laAvs or regulations made thereunder and all penalties fines and forfeitures incurred before tlie passing of this Act shall be respectively as valid and effectual and be prosecuted and recovered in pursuance of the provisions of the said enactments as if this Act had not been passed.
Proviso.
Interpretation
clause.	3. In the construction of this Act unless the context shall otherwise indicate the folloAving terms in inverted commas shall bear the meanings and include the things hereinafter severally assigned to or set against them—

“ Governor ”—Governor AAuth the advice of the ExccutiA'e

Council

“ Commissioners ”—The Board of Commissioners hereinafter designated the “ Metropolitan Transit Commissioners ” empoAvered and elected under the ju-ovisions of this Act

“ Public Vehicles ”—Any stage carriage or omnibus as defined by any by-laAV made under this Act hackney carriage coach car cabriolet or other vehicle plying for hire in any public street or place and every Avain Avaggon cart van or dray inlying for hire and druAvn by one or more horses or other animals.

Three Commissioners	d<. There shall be a Board of three Commissioners empoAA'ered to carry out the provisions of this Act of Avhom tAvo viz. the Mayor of the City of Sydney and the Inspector General of Police for the time-being shall be Commissioners by virtue of their respective offices and the third Commissioner shall be elected in manner hereinafter directed by the Municipal Councils of the Boroughs and Municipal Districts situated Avitliin the Police District of Sydney.
to carry out provi­
sions of Act.
Ineorporation of	5. The said Board of Commissioners constituted shall be a body corporate by the name or style of the “ Metropolitan Transit Com­ missioners ” and shall by that name have perpetual succession and a common seal and may enter into contracts and may sue and be sued plead and be impleaded ansAver and be ansAvered unto defend and be defended in all Courts Avhatsocver and may exercise all such corporate functions and do and suffer all such acts and things as are by laAV incident to a body corporate.
Commissioners.

1878. 86 VIC. No. 14.

Fuhlic Vehicles Regulation.

0 . ’J'hc jMavor of Sydney sliall ])e tlie Cliairnian of the said ifayor to br chair-

Board of Commissioners l)ut in his ahscncc or other disability the	^
elected Commissioner shall be tbc Chairman at meetings of the said * the cvcibt of any equality of votes the Chairman shall have a casting besides Ids original vote.

7 . The Commissioner elected in pnrsuanee of the provisions of Term of offlee of

this Act shall hold ollicc for the term of one year but shall be

competent at the expiration of that period to bo re-elected. ie«ioner.

8. The first elec!ion of a Commissioner shall be Indd in manner First riection of

following within fourteen days after the jiassing of this Act The Mayor Commiesiouer.

of Sydney by notice in the Government Gazeltew\\(\. advertisement in some newspapt'r ])ublished in tlu' Police District of Sydney shall convene a meeting of the several Councils under tlie Munieipalitics Act of 18G7 situate wliolly or in part ivithin the boundaries of the said district to bo boldcn at such place and time in the City of Sydnt'y not being more than fourteen days from the date of such notice and advertisement as ho shall think most convenient And at such meeting the said Mayor shall be tbc Presiding OfTiciu’ And the TEayors and Aldermen of tbe said Muni­ cipalities present at such meeting shall hy open voting elect a person qualified under section thirty-two and uotbc'ing disqualified under section thirty-three of the Municipalitic's Act of 18()7 (which said sections for tlui purposes of such electing only shall be deemed to be incorporated herewith) to be a Commissioner And for the purposes of this Act every such Mayor and Alderman sliall be deemed to be an elector And the person who shall at such nu'cting receive the greatest number of votes shall be the elected Commissioner Provided that in every case of an equality of votes being recordi'd at such meeting in fin'or of any two or more persons the jiresiding officer shall but in that case only have a casting vote And tlie said presiding officer shall preserve order and regulate in pursuance of the provisions of this Act the conduct of the election and the voting at such meeting and certify to the Colonial Secretary by writing umler his hand the result of such election And the person so elected (if any) shall together with tho Commissioners appointed as hereinbefore provided be the Board of Commissioners for carrying out the provisions of tbis Act.

y. The mode of conducting elections of Commissioners after tbc Subseiucnt eketions. holding of tbe first election uud(;r this Act shall be as follows :—Tlie Ordiuarj Tacancie.. Mayor of Ihe City of Sydney for the time being shall be tho jircsiding

officer and shall give notice of the time and ])lacc for holding every such eh'ction in like manner ii; all respects as is heri'inbcfore directed and shall in the case of an equality of votes have a casting A'ote Pro- A‘id('d that CA’cry meeting for the holding of such (Tection shall be con- AU'ucd liy notice and advertisement publisbcd as hereinbefore provided at least fourteen clear days before the expiration of the term of office of the outgoing Commissiom'r and the said Tlayor shall certify the result of (wery such election in like manner to the Colonial Secretary and to the Pi^egistrar And the said Mayor Avithin fourteen days after the occurrence of any extraordinary vacancy by tbc dcatb resignation Extraordinary

insolvency lunacy or continued absence from the meetings of the “ Commissioners” for more than three calendar months of the ch'ctcd Conunissioner shall convene a meeting for the election of a Commissioner accorditig to the mode hereinbeibre jn’oscribed And at such m(!cting the said Mayor shall be the presiding officer and in case of an equality of votes be sliall liavc a casting vote And for the purposes of every such eh'ction AAdicthcr in the case of an ordinary or t'xtraordinary vacancy the qualifications of electors and candidates shall be those mentioned in section eight of this ^bet And the mode of notifying the time and place for the holding of such election and

38 No. 14. 36̂ VIC. 1873.

Fuhlic Vehicles Megulation.

of certifying the results thereof and the mode of conducting such election shall as far as possible he the same re- pcctively as have been hereinbefore prescribed Provided that every extraordinary vacancy of the office of Commissioner shall he notified within forty-eight hours after its occurrence to the Council of every Borough or Municipal District Avithin the aforesaid district.

Governor to appoint

in default of election.	10. If from any cause Avhatsoever the members of tlie said Municipal Councils shall whether on the occasion of the first or any subsequent election fail to elect a Commissioner it shall he laAvful for the Governor to appoint such Commissioner Avho shall upon siudi appointment hold office for the term of one year and possess and exercise the same powers and he subject to the same obligations as if elected under the provisions of this Act.
Penalty for
irregularity.	11. If any Mayor or the Ilegistrar or the Auditors for tho City of Sydney or either of them shall be guilty of any Avilful act of commission or omission contrary to any of the provisions herein contained he shall upon conviction forfeit and pay for every siicdr offence a penalty not exceeding one hundred pounds.
Remuneration of	12. The Commissioners shall be each entitled to receh'e oirt of tho “ [Metropolitan Transit Pund” hereinafter described for each attendance at a duly convened meeting of the Board the sum of two pounds ProA'ided further tliat no such Commissioner shall be
Commissioners.
Appointment of	remunerated for more than one meeting in any one Aveek.
office officers &c.	13. I t shall be laAvful for the said Commissioners to appoint and occupy as the “ Metropolitan Transit Office” such coiiA^enicnt and central premises in the City of Sydney as they may select and to appoint a registrar inspector timekeepers and such other officers and servants for the effective administration of this Act as they .may deem requisite and may fix and determine the amount of tho salary or other remuner­ ation to bo paid from time to time to every such officer.

Meetings. 14. The ordinary meetings of tho said Commissioners shall bo

Ordinary.	held at their said office at Aveekly intervals at such hours as they sliall appoint and of Avhich public notice shall be given by the Ilegistrar
Extraordinary.	Provided that in cases of urgency the said Commissioners may meet for tho conduct of business at any hour and day of Aidiich at least tAventy-four hours notice in AA'riting shall have been given to each Commissioner by the said Ilegistrar and for tho purposes of this section notice of an extraordinary meeting shall bo deemed to have been duly served if it shall bo delivered personally to a Commissioner or trans­ mitted to his usual place of abode or business at least twenty-four hours before the time appointed for the holding of such meeting.
Powers &c. of

Commissioners. 15. It shall be laAvful for the Commissioners from time to time

to make by-laAvs regulating tlie mode of licensing and controlling public A'chicles and the drAers and conductors tlicrcof and for appointing and regulating j)ublic stands for the same Avithin the Police District of Sydney Provided that no license fee AvhatsocA'cr under this Act shall exceed the respective sums specified in Schedule B and provided further that such by-laws shall liaA'c the force of law AAdien confirmed by the GoA'ernor and published in the Gazelle but not sooner or othenvise All by-laAvs and all alterations and repeals thereof made hereunder shall Avithin fourteen days of the confirmation thereof by the GoA'crnor be laid before both Houses of Parliament if then in Session and if not then Avithin the first fourteen days of the next ensAung Session thereof.

Fiirtlicr power. 10. I t shall bo laAvful for the said Commissioners in such by-laAA's

to fix and appoint the hours Avithin Avhich OAvners drivers and con­ ductors respectiA'cly shall exercise their ealling the ages at AA'hich drivers and conductors may he employed the badges (if any) clothing or uniform to be Avorn by such drivers and conductors respectively the

number

1873. 86̂ VIC. m . 14. 39

JPnJMc Vehicles Regulation.

mimbcr description equipment furniture and gear of sucli vcliiclcs tlie number of persons to be carried in tbe same the size and dimensions

of stage carriages omnibuses and cars tbe number and. position of

public stands tbc amount to bo paid for fares for time or distance for

tlie use of sueb vcbicles tbc safe custody of any property wbicb may

be accidentally or otbcrwisc left in sueb vebiclcs also to prescribe tbe

punisbment of any misconduct of tbc drivers and conductors and otber

persons attending to or managing sueb vcbicles respectively wbctlicr

by demanding or receiving more tlian tbe authorized fares or otberwise or

for not performing stated journeys in tbc appointed time and to regulate

all otber matters and tilings connected ndtli tbc good government and	,
regulation of vcbicles plying for biro as bcreinbcforc mentioned.

1.7. Tbc said Commissioners arc furtber empowered in and by May fix penaiiios for sueb by-laws to fix tbc amount of fines and penalties to be imposed on i»’«aoh of by-laws &c. tbc owners drivers and conductors of public vcbicles plying for lure

for demanding or receiving more tban flic aiitborizod fare or otbcrwisc and on ]iersons biring sueb vebiclcs for fraudulently evading tbc pay­ ment of sueb fares or for tbe breacli of any otber by-law wliicb tbc said Commissioners may make in respect to sueb vebiclcs tbc owners drivers conductors and managers tliercof . Provided always tbat no sueb penalty sliall exceed for any one offence tbe sum of ten pounds.

18. Tbc Pegistrar sliall in books to be kept for tbat purpose Bogistrar to keep

and in sueb manner as tbe Commissioners sliall direct enter true

accounts of all moneys received and paid and shall keep separate	'
accounts of tbc moneys received on account of omnibuses and other
vehicles on cacli line of road on backney carriages and cabs and on
carts drays and vans licensed to ply for hire witbin tbe City of Sydney
and any of the suburbs thereof respectively and such books shall at all
times be open to the inspection of tbc said Commissioners and ail
accounts Avitb all Anuebers and papers relating thereto shall in the
montli of January in every year be submitted to tbe inspection of the
City Auditors for tbc purpose of being examined and audited from tbc
first day of January to tbc thirty-first day of December inclusively in
cArcry year and if the said accounts shall be found correct the Auditors
shall sign tbe same and certify to their correctness receiving for their
services tbe sum of five pounds and after such accounts shall have been

so examined and audited in tbc month of January in CAnry year tbe	'
Ilegistrar shall make out in AAU’iting and submit to tbc Commissioners
a fall abstract of bis accounts for tbe preceding year in such form as the Commissioners may direct and tbe said Commissioners shall fortb- witli cause tlie same to be printed and a copy thereof shall be open to tbe inspection of all persons and copies thereof shall be delivered to all persons applying for the same on payment of one shilling for each copy and a copy of the said abstract shall in tbc month of Eebruary in CÂ ery year be published .in tbe Government Gazette.

19. All salaries shall be paid in regular monthly instalments on Payments of salaries

the first Monday of each month and all accounts for Avork performed for and articles supplied to the said Commissioners in carrying into effect tbc provisions of tbis Act on being duly certified by tbe proper officer and passed by tbc said Commissioners at any duly convened meeting of the said Commissioners shall be fortbAvitb paid by tbc Ilegistrar on an order signed by at least tAvo of tbc said Commissioners.

20. All moneys rccciA'cd by the Ilegistrar on account of tbc Lodgment of moneys

said Commissioners shall be lodged on tbc same day or as soon there­ after as practicable to tlie credit of tbc said Commissioners to be called “ The Metropolitan Transit band ” in some Bank in tlie City of Sydney to l)e selected by tbe said Commissioners and all payments made on account of tbc said Commissioners shall be by cheques on tb.e said Bank signed by the said Ilegistrar and by tAvo at least of tbe said

Commissioners. 31.

40 m . 14. 36° VIC. 1873.

Public Vehicles Regulation.

Application of	21. The Commissioners shall apply the moneys received umler this Act in the following manner (that is to say) in the payment of all authorized expenses and charges incurred in carrying into effect the provisions of this Act.
moneys.
Recovery of
penalties Ac.	22. All fines penalties and forfeitures incurred under this Act or under any by-laws made hereunder may he recovered in a summary way before any two Justices according to the provisions of the Act fourteenth Victoria number forty-three and the Acts therein adopted or any Act amending the same and shall he paid to tho Ilegistrar and hy him he carried to the credit of the “ Metropolitan Transit Tund.”
Application of
penalties Ac.	23. All fines penalties and forfeitures recovered or receiv-ed under this Act and under any by-laws made hereunder and also all sums of money received tor licensing public vehicles and all other income If om whatever source arising shall he paid to the Ilegistrar who shall keep separate accounts of the amounts received on account of public vehicles.

SCHEDULES.

SCHEDULE A.

Section 2. No. of Act. Title of Act. Extent of Ecpoal.

'The whole Act so far

as it is applicable to

Stage Carriages tho

6 Wm. IV No. 2 An Act for regulating Stage Carriages in licensed termini of

New South Wales............................... which are both with­ in the Police District of Sydney.

11 Vkt. No. 21 itn Act to enable the Council of the City

of Sydney to make by-laws for the

licensing and regulating Hackney

Carriages within the City of Sydney

The whole Act.

and its vicinity and the conduct of the

owners and drivers thereof...................

18 Viet. No. 28 An Act for the licensing and regulation ofj

Carters plying for hire within the Cityl	I The whole Act.
of Sydney................................................ 1

19 Viet. No. 23 An Act to amend certain Acts relative to

the powers and duties of the Commis­

sioners for the City of Sydney aud their	Section 9.
officers...................................................
ySoctioii 129 so far as it affects Municipali­ ties situated wholly or partially within the Police District of Sydney and sec­ tion 153 so far as it provides for tho

31 Viet. No. 12	An Act to establish Municipalities	regulation of pub­ lic carriers or car­ ters and vehiclcsply- ing for hire in M uni-
cipalitics situated
wholly or partially within the Police District of Sydney.

SCHEDULE

1873. 36̂ YIC. No. 15.

IPostage Stamps Extension.

SCHEDULE E.

Licenses.

O n n n d a f t e r O n a n d a f t e r O n a n d a f t e r O n a n d a f t e r

r r o i t r i o to r s o f 1 s t J a n u a r y in 1 s t A j t r i l in e a c h 1 s t J u l y in e a c h 1 s t O c to b e r in e a c li

e a c h Y e a r . Y e a r . Y e a r . Y e a r . Section 15.

£ S. d. £ 3. d. £ s. d. £ 8. d.

O m nibuses................................	() 0 0	4 10 0	3 0 0	1 10 0
Oiimibus Cars .......................	5 0 0	3 15 0	2 10 0	1 5 0
C’a ra .............................................	4 0 0	3 0 0	2 0 0	1 0 0
H ackney Carriages ..............	3 0 0	2 5 0	1 10 0	0 15 0
Cabs ................................. _.......	2 0 0	1 t) 0	0 15 0

D rays Carts and Vans ................. ,, •z 0 0 1 0 0

3)rivcrs .... 10 /-

Cojidiiciors , Ycarly 5/-