The Carters and Drivers Act of 1854 No 28a (NSW)

No. XXVIII.

A l l Act for the licensing' Miid regulation of C A R T K H f .

Carters plying for hire within the City of

Sydney. [30 /̂i November, 1854.]

the limits of the City of Sydney and to license and regulate such and Drivers and the Proprietors and Owners of Vehicles within persons as may ply for hire therein or within the distance of eight miles from the corporate limits thereof and other persons driving A'ehicles Avithin the limits of the said City and the Sydney Hamlets Be it enacted by His Excellency the Governor of N gav South Wahis Avith the advice and consent of the Legislative Council thereof as folloAVs:— wIIEK-EAS it is expedient to amend tlie laws relating to Carters Preamble.

1.               The Ibllowing sections and parts of sections of the Act of

Council passed in the fourth year of the reign of His late Majesty King

William the Fourth and numbered seven intituled “An Act for regu- 4	iv. No. 7.
“ lating the Toliee in the Town and Port of Syd/ney and fo r removing “ and preventing Nuisances and Obstructions therein'" namely so much

. of

2866 No. 28. IS'’ VIC. 1854.

Carters.

So much of section	of the fortieth section of the said Act as applies to the driver of any
drivers of wagous	wagon wain cart or dray of any kind who shall ride upon any such
itc. and	candage in any street or public place as aforesaid not having some person on foot to guide the same (such light carts as are drawn by one horse and driven or guided by reins only excepted) the fifty-fourth

40 as applies to

Sections 54yo 56 fiftv-fiftli fiftv-sixtli and SO mucli of tlic sixtictli sixtv-first and sixty-

61 and 63 as applies third scctioiis ol the Said I’ccited Act as applies in any way to licensed

to licensed carters

and duties of Ju s­	carters or the duties of Justices either in or out of Sessions with
tices in reference	reference thereto and so mucli of the thirty-second clause of the Act
thereto.	of Council made and passed in the seventeenth year of the reign of Her

r-v c Majesty Queen Victoria and numbered twenty-five intituled

No. 25 as relates to	“ An Act to extend to the Sijdney Hamlets certain of the ‘provisions
drivinjTf wagons &c.	“
repealed.	of the Sydney Police Act ” as relate to the driving of any wagon wain cart or dray of any kind shall he and the same are hereby repealed.
Definition of word
“ vehicle."	2. The Avord “ vehicle ” in this Act shall include every wain wagon cart or dray plying for hire drawn by one or more horses or other animals.
No vehicle to ply	3. No vehicle shall ply for hire Avithin the said City of Sydney or Avithin the distance of eight miles from the corporate limits thereof until and nidess the same he duly licensed by the Commissioners for the said City appointed under the Act of Council made and passed in the seA^enteenth year of the reign of Her present Majesty Queen Victoria and numbered thirty-three intituled “ An Act to dissolve the “ Corporation o f the City'of Sydney and for the appointment o f Com- “ missioners in lieu thereof fo r a limited period.”
without license.
Form of requisition	i. Before any license for keeping such vehicle shall be granted a requisition for the same shall he made at the offices of the Commis­ sioners by tlie proprietor or one of the proprietors of the vehicle and signed by him in the form contained in the Schedule hereunto annexed marked A or to the like effect.
by proprietor.
No license to be
granted to ]iroprietor	5. No license shall be granted in respect of any vehicle to any fame and character nor in respect of any vehicle A\diich in the opinion of the Commissioners shall be unsafe or in had repair or other­ wise unfit for the conveyance of goods or merchandise therein nor until and unless the number of such vehicle he painted thereon on a plate or plates affixed thereto on such place or places and in such manner as the Commissioners may direct.
or driver unless of	person either as proprietor or driver unless he shall he of good name
good character.

Form of license to 6. Licenses for proprietors of such a"chicles shall be in the form

pi’oprictor.

contained in the Schedule hereto annexed marked B or to the like

effect.

License to continue 7. Every license granted by the Commissioners shall he under

m force to December coinmou Seal and signed by one or more of such Commissioners

and countersigned by the Secretary and shall be in force from the date of such license until tlie thirty-first day of December next ensuing and no such license shall include more than one vehicle Provided that Avhere the licensed A'ehicle shall he under repair or for any other reason if the proprietor shall so desire he may he permitted to substi­ tute another for a period to be thereby specified by indorsement on the license signed and countersigned as aforesaid.

Fee for proprietor’s

8. Eor CA'ery such proprietor’s license there shall he paid to the City Treasurer the sum of two pounds annually for the benefit of the City Eund if the license he granted on or after the first day of January and on or before the thirty-first day of Maiuh in any year and if after that date then in the folloAving proportions namely if on or before the thirtieth day of June the sum of thirty shillings if after that day and on or before the thirtieth day of September the sum of twenty shillings and if after that day the sum of ten shillings.

license.

1854. y i o . No. 28. 2867

Carters.

!). Before a license be granted to any person as driver’ of any Form ofn'qnisition

vehicle a requisition for tlie same shall he made at the office of tin; Commissioners and signed hy the applicant in the form contained in the Schedule liercunto annexed marked C or to the like effect.

10. The licenses to drivers of vehicles shall be in the form con- t'oi-m of driver's

tained in tlie Schedule annexed marked D or to the like effect and sliall he numbered in such manner as may he approved of by the Commis­ sioners and for every such license there shall ho paid the sum of five shillings to the City Trcasurcu’ for the benefit of the City Eund.

11. The license of every such driver at whatever period of the To remain in force to

year tlu; same may he granted shall remain in force only until the Booember.

thirty-first day of December thereafter and sh;ill contain the number

of the vdiicle for Avhich such license is granted and when any such Regulations on

driver shall drive or he engaged to drive another vehicle he shall

of master,

produce his license to the Secretary to the Commissioners and have

the number of the new vehicle indorsed therein.

12. All licenses shall he made out hy the Secretary to the Com- licenses how made

missioners and numbered iu such order as may ho determined hy the°“̂ '

Commissioners.

13. Any person desirous of renewing his license on the first Ai>piications for now

day of lanuary in any year either as proprietor or driver must make ap|)lication iu writing at the office of the Commissioners on or before the previous fifteenth day of December.

11. Ao proprietor shall he at liberty to part with or lend his or I’roprictor shall not

her license nor to part Avith his or her licensed vehicle to any person

without the knoAvledge and apjoroval of the Commissioners and th(> without̂ tim approval

registry of the name of the purchaser in the hooks of the Secretary sioners.

and on the license granted for such vehicle and any projirietor who

shall part with his or her vehicle Avithout such approval and registry

shall still be dtiemed the proprietor of such vehicle and subject

as such to all the provisions of this Act as fully as if no change

of oAviu'i'ship had taken place and the purchaser of such vehicle Avho

shall alloAv the same to he used or to ply for hire Avithout such approval

and registry shall he subject to the same penalty as is imposed hy this

Act on a person plying A\ ithout a license.

15. Whenf'ver the lu’oprietor of anv licensed AU'hich' shall p'°-

1 T ^ j *'j 1 • ̂ (luce-driver s license

('mploy or permit any licens(ul person to act as driyor tnereoi sncli when called on. proprietor shall require to he; dclAered to him and shall retain in his ' possession the license of such driver during such time as he shall act

or he employed as such and in ;dl cases of complaint affecting sudi

licensed driver Avhere the ])roprietor shall he summoned to attend before a dustice or h(' lawfully required to produce the driver he shall j)roduc<̂ the license of siudi driver and if any driver complained of

shall he adjudged guilty of the offence alh'ged against him it shall he

laAvful for the Justice to make an indorsement upon the license of

such driver stating the nature of the offence and the amount of penalty

inflicted.

1(5. When any driver shall leave the service of the pro])rietor when auver leaves

hv Avhom he has been emidoAX'd and shall not have been guilty of

misconduct in such servKH:̂ piuiisliahle under this Act such proprietor returned,

shall fortliAvith return to such driver the license belonging to him.

17. No driver of a licensed A'ehicle shall lend or part Avith his Diivci nottopart

license nor shall the proprietor of any such vehicle employ any r>ropiiaw'’n()t to

unlicensed person as the driver thereof. eng)ioy unlicensed

18. The Commissioners shall as often as they may deem if Veh'î eics tobc

necessary cause an inspection to be made of all licensed vehicles and inspected ami if unfit

of the harness and if any such A'ehicle or harness shall at any time be

found unfit for public use tin' Commissioners may cause notice in

Avriting in the form or to the effect contained in the Schedule annexed

marked

2868 No. 28. 18̂ VIC. 1854.

Carters.

marked E to be given to the proprietor of such vehiele and if after such notiee he or she shall use or let to hire such vehicle or suffer the same to be used or let until the same or the harness as the case may require shall be in a fit condition for public use the Commissioners may suspend for such time as they may deem proper the license of such vehicle.

How number to be	19. The number of the license granted for every such vehicle in figures not less than two inches in height and of proportionate breadth white upon a ground of black shall lie painted on such part or jiarts of the said vehicle or on a plate or plates affixed thereon as the Commissioners may direct and such number shall be kept legible and undefaced during all the time such v(‘hicle shall ply or be used for hire.
painted on vehicle.
Tables of fares which
may be varied from	20. No proprietor or driver of any licensed vehicle shall demand receive or take more than the several fares or amounts for hiring to be fixed and determined by the said Commissioners by any by-laws to be made under and in pursuance of the provisions of this Act Provided that the sums so set forth may be varied from time to time by a reso­ lution of the Commissioners as occasion may seem to them to require and notice of such alteration shall be published in the Government Gazette the production of which shall l)e deemed primd facie evidence thereof.
time to time.
hut not employing
Fare fur sending for	21. Any person calling or sending for any licensed vehicle and not further employing the same shall pay the sum of two shillings or the fare or hire from the stand or from the place where the vehicle was engaged at the driver’s option and if the person calling the vehicle sliall detain the same he shall further pay for any time that the vehicle may be detained not exceeding a quarter of an hour the sum of one shilling and for any time not exceeding a second quarter of an hour the sum of sixpence and for any further time in the same proportion.
vehicle.
Distance how cuin-
puted.	22. The distance shall ])c computed from the stand or plac(' where the vehicle was hired.
No owner or driver

shall refuse to take 23. No proprietor or driver of any licensed vehicle having

a fare.

agreed to take any fare or hiring at any time or from any place shall

delay neglect or refuse to do so.

Denalty fqr refusing

to pay Iĉ î al fare.

2t. Any person having hired a vehicle and not paying tin* legal fare when demanded shall on conviction before any Justice or Commissioner forfeit and pay to the owner or driver of sucli vehicle double the amount of the said fare or hiring together with such damages costs and expenses for loss of time or otherwise as the said Justice or Commissioner shall in his discretion think proper.

Tublic stands.

25. The Commissioners shall have ])ower to appoint stands for tlu' vehicles referred to in this Act and from time to time as tliey shall see fit by resolution to alter the situations and number of the said stands and the publication of the same in the Neio South Wales Government Gazette shall be sufficient evidence thereof.

At every fourth

vehicle space of eight 26. At every fourth vehicle on any stand there shall be left a

feet to be left.	spacc of at least eight feet for passengers to pass through.
Vehicles to take their	27. Licensed voliiclcs shall take their stations on the stand in driven off any stand the vehicle immediately behind shall draw up

of’̂arrivaT	Order of their arrival and when any vehicle shall be calk'd	or
to

th(' place vacated and any other vehich; behind in the like order.

Any vehicle standing 28. Evci'y proprietor oi' driver of a lict'nsed vehicle standing or

deemed to he d'is- Public Stand appointed by the Commissioners

engaged.

shall be deemed disengagc'd and be bound accordingly to take imme­

diately any fare or hiring notwithstanding any pre-engagement.

Vehicle not to stand 29. No driver of any Hcensed veWclc shall suffer the same to

Xngsidê anoXn”' staiid foi’ liirc aci'oss any street or alongside of any other vehicle nor vehicle or to obstmet refuse t o givc wav if lie Conveniently Can to any other vehicle nor

obstruct

1854. 18“ VIC. No. 28. 2809

Carters.

obstruct the driver of any other vehicle in loading or unloading any another driver from

goods or merchandise nor wilfully wrongfully or forcibly prevent or

endeavour to prtwttnt the driver of any vehicle from taking a fare or

hiring.

30.    No driver shall at any time whilst driving loading unloading No inyny to he done

or attending any vehicle wilfully or negligently do or cause or suffer or

to be done any d:image to the person or property of any one or be

guilty of any breach of tin* peace misconduct or misbehaviour

whereby a breach of the peace may be oc(;asioned in any respect in

such ('mployment.

31. Every person having the care or conduct of any vehicle Uiivc''uust keep on

shall keey) the samcj on the left or near side of the road exttept in case	°	'
ol‘ actual necessity or other suflicient reason for deviatioti and shall permit any person or other vehicle to pass his vehicle having a right so to do.

32. No driver shall permit his vehicle with or without horses Veidcio not to stand

to stand in any part of the City longer than may be necessary for loading or unloading except while standitig for Itire in some lawful placti Ibf that purpose or waiting for the return of the hirer.

33. Everv driver whilst tmgaged in loading or unloading liis Veiiide to bu placed

velticde shall place tin; same as near as conveniently may be to th:tt joadoci'm- nnbm^dcd! ̂

side of tin; strtnt at which the loading or unloading is required.

3f. No driver shall while having the care of anv vehicle use any obseono Ol* blasphem(3us or bias.

1 1 1 1 1 ” u . i j . * * ' i * pliemous lant?iiaffu

language or any threatening abusive or to be used ry driver,

insulting words or becoint' drunk wliilst in charge thereof.

35. The proprit;tor of every licensed vehicle shall at all times Veidoie and harness

when plying or employed for hire have the same in good order -with the harness perfect and in good condition and the whole ready and sufficient for duty with the driver and horses or horse competent to perform any drive or distanci' in dm* time that may be reasonably i-equired.

36. No licensed owner or driver or any other person having No person to ride on

tlu; cart' and charge of any vehicle as hereinhefore described whether without

licensed or otherwise and drawn by one horse or other animal only

.

shall ride on such vehicle unless ho shall be provided with reins to guide su(;h one horse or other animal and provided that the animal drawing the same shall not be allowed to proceed out of a walking pace and no lict;nsed owner or driver or any other person having tht; care and charge of any vehicle whether licensed or otherwise and drawn by two or more horses shall ride on such vehicle within the limits of the City of Sydm;y and the Sydney Hamlets.

37. Any person committing any offence against the provisions Persons offending

of the previous section may be apprehended by any constable or police

officer and conveyed before a .Tustice of the Peace to be dealt with be appreiiended.

ac'cording to law.

38. The driver of every v('hicle shall be constantly attendant driver to be in 'eon­ - '' - - slant attendance on

on the same when plying for hire on any ])ublic stand or engaged for vei'i'ide.'

hire.

39. The driver of every licensed vehicle shall place a muzzle Muzzle to be placed

upon the head of any vicious horse whilst on the stand waiting for

hire.

40. Every driver who shall feed his horses whilst on the stand Nose-bags to be used

Avaiting for hire shall use nose-bags to contain the forage and shall remo'ved when

not remove his horse’s winkers during the time of feeding. feeding.

41. In every case of goods or merchandise being left in any Property left in

licensed vehicle or with the driver thereof by the person avIio hired the f̂̂ mn'or'̂ takin til

same sucb propertv shall be delNered up to such person or shall Commissioners’

within eighteen hours be taken in tlie state in which ■ ■ ■ ‘ ■ ■ ■ ■ ■ ■■■ it was found to

the Commissioners’ Office and there deposited.

2870 No. 28. 18̂ ̂ YIC. 1854.

Carters.

ifnot claimed within 4 2 . Any ]3i’operty left in Or upon any licensed veliiclc at any

be â sposed̂ of̂ °'̂

claimed within fourteen days next afterwards sliall be

advertised in one or more of tlie public journals of tbe City and if not

claimed witbin twelve calendar montbs after sucb advertisement sucli

.	property or goods sliall be disposed of by public auction and tbo proceeds after paying all expenses and sucb reward to tbe driver as tbe Commissioners sliall determine sliall be given to sucb pulilic
.	institution for cbaritable purposes Avitbin tbe City as tliey may direct And if the property shall be claimed by the OAvner witbin the said period of tAvelve months the Commissioner shall cause tbe same to be delAered to him on his paying any expenses incurred and making such satisfaction to tbe driver bringing the same as they may think reasonable.

Inspectors of yehiclea	4 3 . Sucli persoii 01’ pei’sous as may froiii time to time be in that
may be appointed,	appointed by tlic Commissioners sliall be tbe Inspector or

Inspectors during the pleasure of tbe Commissioners of all veliiclcs licensed under this Act plying for hire Avithin the City or tbei distance of eight miles from the corporate limits thereof and sucb Inspector or Inspectors shall from tinit' to time examine all sucb A'ehicles and shall at all times see that as far as possible this Act and all and every tbe bjr-laAvs to be made in pursuance hereof are duly observed.

No one shall obstruct 4P. X q OAA’uer 01* driver of aiiA' sucb A'cbicle or any other

him in the execution r n i i j . i t ' ' j. - x r i.- e ̂ •

of his duties.

pcrsoii Shall oustruct any sucb Inspector in tbe execution oi Jus

said duties.

Penalties for offend- 45. For eA'cry offeuce against any of tbe provisions of this Act

or̂ any hŷ Lw m̂ e* by-laws Avliich may be made in pursuance of tbe provisions in pursuance hereof, thereof the offender shall be liable to and shall pay a penalty not

exceeding ten pounds nor less than ten shillings to be recoA'cred in a summary Avay before any Justice or Commissioner as by laAV or this Act is or shall be proA'ided.

Powers given by 1 1 46. It is hereby declared and enacted that all and every the

ney City ̂ oim cf/as poAvcrs and prAileges given to and conferred on the Council oi' the

to hackney carriages City of Sydney by tlie Act of the Governor and Legislative Council ney cwnmlssionere." made and passctl ill the eleventh year of the reign of Her present

Majesty Queen Victoria and numbered tAA'enty-one for the licensing and regulating hackney carriages Avithin the City of Sydney and its vicinity and the conduct of the OAvners and drivers thereof are hereby given to and conferred on the Commissioners for the City of Sydney and all by-laAvs noAV or hereafter to be made in pursuance of the said Act shall be valid and effectual to all intents and purposes Avhatsoever.

Commissioners ma)''	47.	It shall and may be laAvful for the said Commissioners from
make rules &c. for

regulating iiersons	time to time and at all times to make such general rules orders and
vehicles anil horses
licensed under this	by-laAvs for the better ordering and regulating of all and singular
Act	the persons vehicles and horses required to be licensed under this Act as in the judgment of the said Commissioners may be required for public propriety safety accommodation or convenience and from time to time to alter A'ary amend or repeal all or any of such rules orders and by-laws provided that such rules orders and liy-laAvs Avhen so made or altered shall not be repugnant to the provisions of this Act

and may enforce the And it shall and may bc laAvful for tin; said Commissioners to fix and same by penalties. therein such reasonable penalties and forfeitures as to them

may seem fit for all offences against any breaches of such rules orders and by-laAVS such penalties and forfeitures not to exceed ten pounds for every one offence and to subject offenders against sann> to imprison­ ment in the common gaol or house of correction for the breach of any such rule order or by-laAV there to he kept for any time not exceeding thirty days And it shall and may belaAvful for tlie said Comraissioiiei-s in their discretion to make void or suspend the license or licenses of

every

1854. 18° VIC. No. 28. 2871

Carters.

every offender who shall he convicted of any two offences against this

Act or the said hy-laws unless the party before whom such conviction

shall he had against such offender shall at the time of such conviction

state in writing on his license that such punishment as he has adjudged

against such offender shall he “ without prejudice to his license”

•

Provided always that such new rules orders and hy-laws and every alteration amendment or repeal of the same shall he approved of by the Governor of the said Colony and that after such rules orders and by-laws or any alterations amendment or repeal of the same shall have been so made and approved of the same shall be published in the Neir South Wales Oovernment Gazette and all such rules orders and by-laws and every alteration amendment and repeal of the same when approved of as aforesaid shall be good and valid as fully and effccdually to all intents and purposes whatsoever as if the same were particularly mentioned expressed and enacted in this present Act.

48. The Commissioners for the said City or any one of them Commissioners to

shall be and are hereby authorized and empowered to hear and deter­ mine in a summary way at such place or office as they may at the time use or occupy all offences or supposed offences against this Act or tin* last recited Act made and passed in the fourteenth year of the reign of Her present Majesty Queen Victoria and numbered twenty-one or tbe by-laws now made or hereafter to bc made in pursuance of the provisions of the said Acts and to make such order or adjudication as to them shall seem meet and such order or adjudication sliall have the same force and effect and bc as final and conclusive as though the same had been made by any Justice or Justices of the said Colony and shall be enforced in like manner and in pursuance of the provisions of the law in force for regulating proceedings before Justices of the Peace in a summary way and any person convicted of any offence against tlie said Acts or any by-law now or hereafter to be made in pursuant! hereof shall have the same right to apply for a writ of prohibition as though the complaint had been heard and determined by any Justice or Justices and all such proceedings before the said Commissioners shall be held in a place open to the public at the time.

49. In citing this Act or the last recited Act in any Act of How this Act and

Council or in any instrument document or proceeding it shall be suffi- H

cient to use the expressions “ The Carters and Drivers Act of 1854”

“ The Hackney Carriage Act of 1847 ” and in any process for

enforcing the remedies or penalties given or imposed by this Act or

the Hackney Carriage Act of 1847 or any by-law now made or here­

after to be made in pursuance of the provisions thereof it shall bc suf­

ficient without specifying more particularly the cause of complaint or

offence to refer by number according to the copies of the Act printed

by the Government Printer to the section or sections under which the

proceeding is taken or to the by-law and the number of the sections

thereof as published in the JVew South Wales Government Gazette.

SCHEDULE A.

A Requisition fo r License to keej) a Vehicle.

To the Commissioners for the City of Sydney.

I rosidini]; in street in the City of Sydney

do hereby request that a Licen.se may be granted to me to keep use employ and let a Vehiele No. to ply for hire within the said City and within the distance of eight miles from the corporate limits thereof.

Dated a .d . 185 .

DESCRIPTION OF VEllICDE.

3 D—VOL. 4. SCHEDULE

2872 No. 28. 18" VIO. 1854.

Carters.

SCHEDULE B.

Proprietor’s License.

No. .

T h is is to certify that is hereby licensed to ply for hire a certain

Vehicle No. within the City of Sydney and within the distance of eight miles from the corporate limits thereof from the date hereof to the thirty-first day of December next subject nevertheless to all and every the By-laws Rules and Regulations relating therett).

Given under the Common Seal of the Commissioners for the City of Sydney at their

Office this	day of	in the year of our Lord one thousand
eight hundred and fifty-

Passed by the Commissioners for the City of Sydney on the day

of A.D. 185 .

Chief Commissioner.

or

■ Commissioners.

Secretary to the Commissioners.

SCHEDULE C.

A Requisition fo r License to act as Driver of a Vehicle.

To the Commissioners of the City of Sydney.

I residing in street in the City

of Sydney do hereby request that a License may be granted to me to act as Driver of a Vehicle No. for which a License has been granted to ply for hire within the said City and within the distance of eight miles from the corporate limits thereof.

Dated 185 .

SCHEDULE D.

Driver’s License.

No.

T h is is to certify that is hereby licensed to act

as Driver of a certain Vehicle No. licensed to ply for hire within the City of Sydney and within the distance of eight miles from the corporate limits thereof from the date hereof to the thirty-first day of December next subject nevertheless to all and every the By-laws Rules and Regulations now in force relating thereto.

Passed by the Commissioners for the City of Sydney at their office on

• the day of A.D. 185 .

Chief Commissioner.

or

Commissioners.

Secretary to the Commissioners.

SCHEDULE

1854. 18̂ VIC. No. 29. 2873

Assisted Immigration.

S C H E D U L E E .

AVe

do hereby certify that wo have caused the Vehicle No. now used and let to hire and known hy the following marks or dc.scription (here state marks or description i f am/) to be inspected and find the said Vehicle not to bc in a fit and proper condition for public, use and we do hereby .suspend the Ijicensc granted to

to keep and use the said Vehicle for the period of	from
this date.

Commissioners.