WELLINGTON CITY COUNCIL.

New Zealand Times, Volume XXXIII, Issue 5423, 14 August 1878, Page 1 (Supplement)

WELLINGTON CITY COUNCIL.

BY-LAWS to make other and better provision for Licensing and Regulating Hackney Carriages and the owners, drivers, and conductors thereof plying for lure -within the City of Welling■i ton and between the said city and any place or places -within the - distance of eight miles from the corporate limits of the said city, ' in accordance with the terms of Subsection 16 of Clause 349 of “The Municipal Corporations Act, 1870.” Repeal Clause. 1. Prom and after the date of these By-laws coming into operation, all By-laws heretofore in force for licensing and regulating hackney carriages, and the owners and drivers thereof, shall, except as regards any licenses issued thereunder be, and the same are, hereby repealed. Interpretation Clause. 2. For the purposes of these By-Laws the following expressions shall, where used therein, have the meanings next hereinafter attached to them—that is to say:—The words “ Hackney Carriage” shall mean any carriage licensed under these By-Laws. The word “ Inspector ” shall mean The Inspector of Hackney Carriages appointed for the purposes of these By-Laws. The word “ Owner ” shall include all persons having any beneficial interest . otherwise than as a mortgagee in any licensed carnage or horses. The word “ Conductor ” shall include every person, other than the driver, attending upon and accompanying any licensed carriage; and whenever in these By-Laws, with reference to any person, animal, matter, or thing, any word or words, is or are, used importing the singular number or the masculine gender only, yet such word or words shall be understood to include several persons or animals as well as one person or animal, females as well as males, bodies corporate or politic as well as individuals, and several matters or things as well as one matter and thing, unless it be otherwise specially provided, or there be something in the subject or context repugnant thereto. No Carriage must Ply Without License. 3. No carriage of any description whatsoever drawn or impelled by horses or other animals shall cany passengers for hire within the City of Wellington, or between the said city and any place ' or places within the distance of eight miles from the corporate limits thereof, until and unless the same be duly licensed as hereinafter mentioned, ami no person shall let, to hire or employ, any carnage as a hackney carnage, or act as the driver or conductor thereof within the limits aforesaid, unless he shall have a license so to do, granted and in force under the provisions of these Bylaws. Two Classes of Licenses only. 4. Two classes of licenses only shall be issued for hackney carriages (that is to say) licenses for Borough stage carriages and licenses for Cabs, and no hackney carriage shall be licensed in both classes. Borough Stage Carnage. 5. A hackney carriage, licensed as a Borough stage carriage, shall ply only between such places as are mentioned in the license. Cabs. 6. A hackney carriage, licensed as a cab may ply in any direction within or without the limits of the city. , Unlicensed Carriages. 7. Nothing in these By-laws contained shall apply or be held to apply to carnages which shall be let to hire only when previously ordered or bespoken at the stables or residences of their owners, and which shall never be permitted to ply for hire on any street or place off the premises of their respective owners, or to the owners or drivers of such carriages. Requisition to be made for License. 8. Before any license for a hackney carriage shall be granted, a requisition for the same shall be made at the office of the Town Clerk by the owner, or, if there be more than one owner, by each of the owners of the carnage, and signed by him, or them, in the form contained in the Schedule hereto annexed, marked A, or to the like effect. Driver’s or Conductor’s License. 9. Before any license shall be granted to any person as a hackney carriage driver, or conductor, a requisition for the same shall be made at the office of the Towe Clerk in the form contained in the Schedule hereto annexed marked C, or to the like effect, and shall be signed by the applicant, who shall further produce satisfactory certificates of good conduct and, if a driver, of ability to drive. No Improper Person or Unfit Carriage to be Licensed. 10. No license shall be granted to any person, either as owner of a carriage, or as a driver, or conductor, unless he shall satisfy the said Council that he is a fit person to be entrusted with the same, and is of good fame and character; nor in respect of any carriage which, in the opinion of the Inspector-, shall be unsafe, or in bad repair, or other-wise unfit for the accommodation and conveyance of passengers therein ; nor until and unless the number of such carriage be painted thereon on a plate or plates affixed thereon outside on the parrel of each door of such carriage, or in such other place or places, and in such manner, as the Inspectormay direct. License in Porm as per Schedule B. 11. Licenses for hackney carriages shall be in the form contained in the Schedule hereto annexed marked B, or- to the like effect, and shall be in force from the date of each such license, until the 31st day of March next ensuing and no longer, and no such license shall include more than one carnage. Carriages under Repair. 12. When any licensed carriage shall be under repair, or for any other reasonable cause, if the owner shall so desire, he may be permitted to substitute another carriage for a period to be specified by endorsement in the license and signed by the Town Clerk; every such substituted carriage to bear the plate and number of the original licensed carriage, and to be certified by the Inspector as fit for the purposes of the said license. License Pees. 13. For every hackney carriage license there shall be paid to the City Treasurer the following license fees : Borough stage carriage... per annum. „ „ per quarter or any portion of a quarter, Cab ... ... per annum. „ ... ... per quarter or any portion of a quarter-. Porm oj License and Pees. 14. The licenses of owners, drivers, and conductors of hackney carriages shall be in the form contained in the Schedule hereto annexed marked D, or to the like effect • and shall remain in force only until the 31st day of March after the issue thereof. Licenses, hole Signed and Numbered, 15. All licenses granted under-these By-laws shall be signed by the Town Clerk and numbered in such manner and order as may be determined by the said Council. Renewal, ichen to be Applied For. 16. Any person desirous of renewing any license must make application in writing at the Town Clerk’s office on or before the previous fifteenth day of March. Owner must not part toith License or Carriage without Permission of Council. 17. No owner shall part with or lend his license, or part with any his licensed carriage, or with the license ajrpertaining thereto, without the knowledge and approval of the said Council to any person, until the registry of the name of the purchaser in the books of the Town Clerk and in the license granted for such carriage. And any owner who shall part with any licensed carriage without such approval and registry, shall still be deemed the owner of such carriage, and subject as such to all the provisions of these By-laws as fully as if no change of ownership had takerr place, and tire purchaser of such carriage, who shall allow the same to be used, or to ply for hire without such approval and registry, shall be subject to the same penalty as i imposed by these By-laws upon a person plying without a license. Owner to give Notice of Change of Residence. 18. Whenever any person named as the owner or one of the owners of a licensed carriage shall change his place of abode, he shall, within two days after next any such change, give notice thereof in writing signed by him to the Town Clerk, specifying his new place of abode, and shall, at the same time, produce Ins license to Town Clerk, who shall endorse thereon and sign a memorandum specifying the particulars of such change. Owner to Hold and Produce Driver’s and Conductor's License. 19. Whenever the owner of any licensed carriage shall employ or permit any licensed person to act as driver or conductor thereof, such owner shall require to be delivered to him, and shall retain in his possession, the license of such driver, or conductor, during such time as he shall act or be employed as such; and in all cases of complaint affecting such licensed driver or conductor, the owner may be summoned to attend before a Justice of the Peace and be lawfully required to produce the license of such driver or conductor ; and if any driver or conductor complained of shall be adjudged guilty of the offence alleged against him, it shall be lawful for the Justice to make an endorsement upon the license of such driver or conductor, statingthe nature of the offence and the amount of penalty inflicted, and he shall forthwith cause intimation of such endorsement to bo convoyed to tho Town Clerk.

License to be Returned. 20. When any driver or conductor shall leave the service of any proprietor by whom he is then employed, for any misconduct in such service, punishable under these By-laws, such owner shall forthwith deliver to the Town Clerk the license of such driver or conductor; but if such driver or conductor shall leave such service for any other cause than that aforesaid, then the owner shall forthwith return to such driver or conductor tho license belonging to liim. License mag be Revoked, Cancelled, or Suspended. 21. The license of any owner, driver, or conductor, or that of any hackney carriage may be revoked, cancelled, or suspended by the said Council as they shall deem right, after notice given to such owner, driver, or conductor, to show cause why the same should not be revoked, cancelled, or suspended, and opportunity thereupon given to him to show such cause. Driver or Conductor must not lend or part with License. Givner must not allow unlicensed person to act, Sfc. 22. No driver or conductor of a hackney carriage shall lend or part with his license, nor shall the owner of any such carriage employ or permit any unlicensed person to act (as the driver or conductor thereof, and no person (whether licensed or not) shall act as the driver or conductor of any hackney carriage without the consent of the owner thereof. Carriage, Sfc., mag be Inspected. 23. The Inspector shall, as often as he may deem it necessary, cause an inspection to be made of all hackney carriages, and of the harness, and horse or horses used in drawing the same ; and if any such carriage or horse or harness shall at any time in the opinion of the Inspector be insufficient or unfit for public use, he shall report the same to the Council, who may thereupon cause notice in writin" in the form or to the effect contained in the Schedule hereto°annexed, marked E, to bo given to the owner of such carriage, harness, or horse or horses respectively ; and after service of such notice upon the owner, driver, or conductor of such carriage no such owner shall use or let to hire such carriage, or use such harness or horse or horses, or suffer the same to be used or let, until the same shall, in the opinion of the Inspector, be in a fit condition for public use. Number to be Painted on Carriage. 24. The number of the license granted for every hackney carriage, in figures not less than two inches in height and of proportionate breadth, white upon a ground of black, shall be painted outside on the panel of each door of such carriage, or on such other part or parts of the said carriage, or on a plate or plates affixed thereon, or in such other manner as the Council may direct ; and such number shall be kept conspicuous, legible, and undefaced during the time such carriage shall ply or be used for hire, and shall apply to and shall be painted or fixed upon no other carriage than the one for which the license to which it corresponds shall have been "ranted : Provided that it shall be lawful to transfer such number to a carriage substituted for such licensed carriage by permission of the Council as hereinbefore provided for and during the period of such permission, and no longer. Card toith Number, and Table of Pares, must be put up inside the Carriage. 25. The number of the license of every hackney carriage, on a card or plate, printed or painted in clear legible figures, together with the number of passengers which such carriage is licensed to carry, and the table of fares fixed by the said Council, shall be affixed at the upper part of the front panel or in such other place as the Council may direct inside of such carriage, and such card or plate shall be kept so affixed, conspicuous, legible, and undefaced during all the time the carriage shall ply or be used for hire. Children, how Counted. 26. Children under seven years of age accompanying any other passenger shall not be counted as passengers unless there shall be more than one such child, in which case two, and any multiple of two, of such children shall be considered as one passenger: Provided that children at the breast shall not be counted in any case. Number of Passengers, how to be determined. 27. The Council shall, as often as they may deem necessary, cause the Inspector to measure and examine every hackney carriage, and to fix and appoint the number of passengers which each such carriage is constructed and calculated to carry; and the number so fixed and appointed shall be the greatest number which it shall be lawful for such carriage to receive or convey at any one and the same time; and the owner of every such carriage shall be and is hereby required, -within seven days after notice to that effect served upon him or upon the driver or conductor of the said carriage, to cause the number so fixed and appointed to be carried, to be in some conspicuous place on the outside of such carriage, as may bo directed by the Inspector distinctly and legibly painted in words at length in the following form, that is to say ;—“ Licensed to carry ” [ here insert the number fixedi] “ inside, and” [here insert the number fixed] “outside” (the letters composing the said words to be at least one inch in length and of proportionate breadth.) And if the driver or conductor of any such carriage shall cause or suffer to be conveyed at any one and the same time by any such carriage, or in the inside or on the outside, or in any compartment thereof, a number of passengers greater than the number so fixed and appointed as aforesaid, such driver or conductor shall for each passenger so conveyed over and above the said number be deemed guilty of a separate and distinct offence against the provisions of these By-Law-s: Provided that any such owner who shall feel himself injured or aggrieved by reason of the number of passengers which shall be so appointed to be carried, may, within three days after service of such notice as aforesaid, appeal against the same to the said Council by notice in writing delivered to the Town Clerk at his office, and such owner shall thereupon attend with the said carriage at the office aforesaid, at such time as shall be appointed for the decision of such appeal, which appeal shall be decided upon by the Council, whose decision shall he final. Number of Horses by tvhich Carriages must be drawn. 28. No hackney carriage shall ply-for hire or carry passengers unless at the time of such plying or carrying such carriage be drawn by horses, and the number of such horses shall be proportioned to the number of passengers which such carriage shall have been licensed to carry, as follows, that is to say— If licensed to carry five or any less number of persons—One horse. If licensed to cany move than five and not more than fourteen persons—Two horses. If licensed to carry more than fourteen and not more than twenty-six persons—Three horses. If licensed to carry more than twenty-six and not more than thirty-eight persons —Four horses. Carriages to walk past Church during Service. 29. The driver of every hackney carriage driving the same by any place of public worship during the hours of Divine service therein on any Sunday, Christmas Day, or Good Friday, shall drive such carriage whilst passing such place of public worship at a walking pace. Rates and Pares—Schedule F. 30. The Rates and Fares for the conveyance of passengers by hackney carriages shall be those which are mentioned in tho Schedule hereto marked F, and the said rates or fares shall be the greatest amounts which it shall be lawful for any owner, driver, or conductor, plying with any hackney carriage for hire within the imits aforesaid, to charge, demand, receive, and take. Owner or Driver must Keep Pngagement. 31. No owner or driver of any hackney carriage, having agreed to take any faro at any time or from any place, shall delay, neglect or refuse to fulfil such agreement. Hirer must Pay Pare 32. Any person having hired or used a hackney carriage, and at the termination of the journey not paying the legal fare when demanded, shall bo guilty of an offence against these By-Laws. Computation of Distances. 33. The distance for which any charge shall be made shall be computed from tho Stand, or place where the carriage was hired. Stands for Carriages. 34. Such places as the Council shall from time to time appoint shall bo the public stands for hackney carriages plying for hire: Provided that the said Council may from time to time, as they shall sec fit, alter the situations and number of the said stands so appointed, and of the carriages on each stand; and notice of such appointment and of such alteration shall be given by advertisement in one or more of the newspapers published within the said City. Space to be left for passing. 35. Behind every fourth carriage on each stand there shall be left a space of at least eight feet for passengers to pass through. Order on stand. 36. Carriages shall take their stations on the stand in the order of their arrival ; and when any carriage shall be called or driven off any stand, the carriage immediately behind shall draw up to the place vacated, and any other carriage behind in the like order. Owner or driver must hire. 37. Every driver of a hackney carriage standing or plying for hire at any public stand appointed by the Council shall, unless previously engaged (the proof of which engagement shall be on such driver), bo bound to take immediately any fare not exceeding

the number of persons which his carriage is licensed to carry, and no driver of any hackney carriage shall refuse to carry thereby a reasonable quantity of luggage for any person hiring or desiring to hire such carriage, nor shall refuse to drive the same to any place within the limits aforesaid, or for airy time not exceeding twelve hours, if so required by any person hiring or intending to hire such carriage, nor shall fall to drive the same at a reasonable speed, not less than six miles an hour, unless unavoidably delayed or required by the hirer to drive at any slower pace. Carriages must not stand across the streets. 38. Wo driver of any hackney carriage shall suffer the same to stand for hire across any street, or alongside of any other hackney carriage, nor obstruct the driver of any other carriage in taking up or setting down any person, nor wilfully prevent or endeavour to prevent the driver of any other hackney carriage from taking a fare. IVo damage must he done to other vehicles or to persons. 39. Wo driver or conductor shall at any time whilst loading, unloading, or attending any hackney carriage, wilfully or negligently do, or cause or suffer to bo done, any damage to the person or property of any one, or be guilty of any breach of the peace, misconduct, or misbehaviour whereby a breach of the peace may be occasioned in any respect in such employment. Carriages to he on left or near side of the Hoad. 40. Every person having the care or conduct of any hackney’ carriage shall keep the same on the left or near side of the road, except in case of absolute necessity or other sufficient reason for deviation and shall not interrupt or interfere with any person or. carriage passing or attempting to pass his carriage. Carriage must not stand longer than necessary in Street. 41. Wo owner or driver of any hackney carriage shall permit his carriage, with or without horses, to stand in any street, lane, thoroughfare, or public place longer than may be necessary for loading or unloading, or taking up or putting down passengers : except while standing for hire in some lawful place for that purpose,, or waiting for the hirer. , Carriage, Setting Down or Talcing up Passengers. 49. Every licensed driver whilst engaged in taking up or setting down any passenger shall, during such taking up or setting down, place his carriage as near as conveniently may be to that side of the street at which the taking up or setting down is required. Furious Driving, Bad Language, etc. 43. Wo owner, driver, or conductor of any hackney carriage shall, while having the care of or being attendant thereon, drive the same furiously, wantonly, or carelessly, or be drunk, or use any obscene or blasphemous language or any threatening, abusive, or insulting words or gestures. Persons must he Carried. 44. Wo owner, driver, or conductor of any hackney carriage shall refuse or delay to admit and carry in and by his carriage the number of persons painted or marked thereon, or specified in the license granted in respect thereof. Objectionable Persons only to be Carried to the Police Office. 45. Wo licensed driver or conductor shall carry or knowingly permit to be carried in any hackney carriage, except to some police office or watchhouse, any person so violently or noisily conducting himself or otherwise so misbehaving as to occasion any public annoyance or disturb the public peace. Carriage, etc., to be in Good Condition. 46. The owner of every hackney carriage shall at all times, when plying or employing such carriage for hire have the same in good order, with the harness sufficient, perfect, and in good condition, and the glasses and frames of such carriage whole, and the leathers attached to the frames of sufficient length, and the inside clean and in good repair, and the whole ready and sufficient for duty, with the driver and horse or horses competent to perform any drive or distance that may reasonably be required. Chech String. 47. The owner of every hackney carriage shall provide a sufficient check-string for the same, and the driver, when driving, shall have the check-string fastened to his hand or arm, if required by any passenger therein. Driver or Conductor not to Smoke. 48. Wo licensed driver or conductor shall smoke any pipe or cigar while driving or attending upon any hackney carriage when plying for hire, nor shall any passenger smoke inside any hackney carriage without the permission of the driver. Driver must be in Attendance on Carriage. 49. The driver and conductor (if any) of every hackney carriage shall be constantly attendant on the same when plying on any public stand or otherwise, or engaged for hire; and every driver and conductor of any hackney carriage shall, whilst engaged as driver or conductor thereof, wear so as to be conspicuous a badge to be provided by the Council in that behalf, and any driver or conductor wearing such badge otherwise than so as the same may be seen by persons hiring or using his carriage shall be liable to a penalty not exceeding one pound. Carriage must be Provided with Lights at Night. 50. Every hackney carriage plying for hire, or engaged after sunset and before sunrise, shall be provided with proper carriage lights, and the driver shall keep the same lighted while so plying or engaged for hire. Number to bo Painted on Lamp Glasses. 51. The owner or driver of every hackney carriage, of whatsoever description the same may be, shall have painted, so as to be distinct and legible, on the front glass of each of the lamps belonging to such carriage the number of such carriage, in figures one inch in length, and shall keep the same so painted during the whole time that such carriage shall ply for hire or be used for the conveyance of passengers, and such lamps shall be used only for and with the carriage the number of which shall bo so painted upon them. Borough Stage Carriages to he Lighted Lnside at Night. 52. The owner of every borough stage carriage shall cause to be placed inside thereof a lamp, in such a position and manner as shall be directed by the Inspector, and the conductor, or if there be no conductor, the driver of such carriage, shall keep the said lamp properly lighted, whenever such carriage shall be used to ply for hire or carry passengers at any time after sunset and before sunrise. Coffin, or Deceased Human Body, not to he Carried. 53. Wo owner, driver, or conductor of any hackney carriage shall carry, or permit to be carried, in or upon any such carriage, any coffin or deceased human or other body. Vicious Horses must he Muzzled. 54. The driver of every hackney carriage shall place a muzzle upon the head of any vicious horse employed by him, and keep the same thereon whilst on the stand waiting for hire. Forage Bag and Winkers to be used. 55. Every driver who shall feed any horse whilst on the stand waitin'* for hire shall use a nose bag to contain the forage, and shall not remove such horse’s winkers during the time of feeding. No Person to Bide on Box without Permission of Hirer. 56. Wo driver of any hackney carriage, other than an omnibus shall allow any person to ride on the box, or in or upon any part of such carriage, without the permission of the person hiring the same. Agreement for more than Legal Fare not Binding. 57. Wo agreement whatever made with the owner or driver of any hackney carriage for 1 the payment of more than his proper fare as fixed or limited by law, shall be binding or held to authorise any overcharge whatsoever; and in case any person shall be required to pay, and shall pay, to such owner or driver, whether in pursuance of any agreement or not, any sum exceeding the proper fare, the person paying the same shall be on complaint made against such owner or driver before any Justice, to recover back the sum paid beyond the proper fare, and such owner or driver shall further for such exaction bo liable to a penalty for an offence against the provisions hereof. Property Left in Licensed Carriages. 58. The owner, driver - , or conductor of every hackney carriage wherein any property whatever shall bo left by any person hiring or using such carriage, shall within eighteen hours next after the same shall have been so left, restore such property in the state in which the same shall have been found, to the owner thereof; or, if the owner cannot bp traced, shall deposit such property in the Town Clerk’s office ; and if any such owner, driver, or conductor, shall make any default herein, he shall be guilty of an offence against these By-laws ; and when any stick property shall be deposited as aforesaid, the officer receiving the same shall give an acknowledgment to the depositor, and make an entry and record thereof, and the property so deposited shall be returned to the person who shall prove ownership to the satisfaction of the Council, such person previously paying all expenses incurred. And if any property so found and deposited shall not be claimed by the owner thereof within one year after the date of deposit, the property having been advertised in such manner as the said Council may direct, such property may be sold by public auction, and the proceeds thereof paid over to the City Treasurer in aid

°f the Borough Fund, after deducting such sum as the Council may award to the person who shall have been actually driving the carriage, or shall have been employed in or about it, and having found the property shall deposit the same as herein directed. Copy of Bye-Law to be given to Owner, Driver, and Conductor. 59. Every licensed owner, driver, or conductor shall at the time of obtaining his license have delivered to him, without any charge, a printed copy of these By-Laws, certified by the signature of the Town Clerk, and having the name of the owner, driver, or conductor to whom the same is so delivered, and tire number of the license, written distinctly thereupon ; and every such owner, driver, or conductor respectively shall at all times have such copy or some other copy of this By-Law ready to produce, and shall upon request produce the same for perusal to any person using or hiring such carriage ; and every driver and conductor shall at all times when plying for hire have with him a duplicate of his license, and shall upon demand produce the same to any such person, or to the Inspector or to any Justice of the Peace, or to any constable or officer of police requiring to inspect the same. Inspector of Hachney Carriages. 60. Such person or persons as may from time to time be in that behalf appointed by the said Council shall be the Inspector or Inspectors, during the pleasure of the said Council, of all hackney carriages plying for hire within the limits aforesaid; and such Inspector or Inspectors shall from time to time examine all such carriages, and shall at all times see that as far as possible this Bye-Law is duly observed, and shall have and possess all powers necessary for the execution of their duties. Inspector must not be Obstructed. 61. No owner, driver, or conductor of any such hackney carriage, or any other person, shall obstruct any such Inspector in the execution of his said duties. Penalties. 62. Every breach, non-observance, and non-fulfilment o any of the provisions of the By-laws shall be an ofi’ence punishable as hereinafter mentioned—that is to say: For every such offence the offender shall upon conviction be liable to and shall pay a penalty not exceeding five pounds nor less than ten shillings, to be recovered in a summary way before any Justice as by law is or shall be provided: Provided that where by this Bye-Law any penalty is imposed upon the owner and driver or driver and conductor of any licensed carriage for one and the same offence, only one prosecution shall be had or maintained for the recovery of such penalty against such owner, driver, or conductor, at the option of the person prosecuting for the same. J. DRANSFIELD, Mayor. Passed by the Council of the City of Wellington, on the day of 18 CHARLES C. GRAHAM, Town Clerk.