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GENERAL
1. In these bylaws unless
inconsistence with the context -
"abnormal load"
means a load carried on a vehicle or combination of vehicles which
does not comply with the requirements of the Road Traffic Act.
"abnormal vehicle"
means a vehicle or combination of vehicles which does not comply
with the requirements of the Road Traffic Act.
Town Board means the
area under jurisdiction of an control of Town Board of Mtunzini.
"bus" has the
meaning assigned to it in the Road Traffic Act.
"bus rank"
means any place designated or any area demarcated for the exclusive
parking of buses;
'bus stop' means any
place are area designated or demarcated as a bus stop, by a road
traffic sign for that purpose of loading and offloading passengers;
"Board" means
the Town Board of Mtunzini.
" Chief Traffic
Officer" means the person appointed as such by the Council,
or during his absence, the officer acting in that capacity and includes
any employee of the Board acting under direction and control of
the Chief Traffic Officer.
"drive and driver"
have the meaning assigned to them in the Road Traffic Act;
"goods and goods
vehicle" have the meaning assigned to them in the Road Traffic
Act.
"kerb line"
has the meaning assigned to it in the Road Traffic Act;
"loading zone"
means any portion of a public road designed or demarcated as a loading
zone by a road traffic sign.
"local authority"
has the meaning assigned to it by the Local; Authorities Ordinance,
1974 (Ordinance 25 of 1974).
"Local Ordinance"
means the Local Authorities Ordinance 1974 (Ordinance 25 of 1974);
"medical practitioner"
means a person registered as such under the Medical and Dental and
Supplementary Health Service Professions Act 1974 (Act 56 of 1974);
"metered parking
bay" means a parking bay in conjunction with which a parking
meter has been installed;
"motor car, motor
cycle, motor tricycle and motor vehicles" have the meanings
assigned to them in the Road Traffic Act.
"owner" has
the meaning assigned to it in the Road Traffic Act;
"parking bay"
means any portion of a public road demarcated as a parking bay or
parking place by a road traffic sign or marking;
"ply for hire"
means to use a motor vehicle for the hire or reward or make a motor
vehicle available at any place for the purposes of so coveying passengers
and goods;
"police officer"
has the meaning assigned to it in the Road Traffic Act;
"prescribed tariff"
means the fares and charges prescribed by the Board in respect of
any journey undertaken in a taxi.
"proprietor: in
relation to any taxi means a person carrying on the business of
conveying passengers in such taxi for hire or reward;
"public bus and
public motor vehicle" have the meaning assigned to them in
the Road Traffic Act;
"public car park"
means any land reserved as a public car park as indicated in the
town planning maps of the Mtunzini Town Planning Scheme in course
of preparation;
"public holiday"
means a public holiday referred to in section 1 or proclaimed under
section 2 of the Public Holiday Act, 1952 (Act 5 of 1952);
"public place"
has the meaning assigned to it in the Local Ordinance;
"public road"
has the meaning assigned to it in the Road Traffic Act;
"registration mark"
has the meaning assigned to it in the Road Traffic Act;
"road carrier permit"
means a public road carrier permit issued in terms of the Road Transportation
Act, 1977 (Act 74 of 1977);
"Road Traffic Act'
means the Road Traffic Act, 1989 (Act 29 of 1989);
"sidewalk: has the
meaning assigned to it in the road Traffic Act;
"tare" has
the meaning assigned to it in the Road Traffic Act;
:taxi" means a public
motor vehicle (other than a public bus) used for the conveyance
of passengers or of passengers and goods;
"taximeter"
means a device designed or adapted for recording the distance traveled
by taxi and the fares and charges to be paid by passengers travelling
therein;
"taxi rank"
means any place designated or demarcated as a taxi rank for the
exclusive parking of taxis by a road or traffic sign;
"token" for
the purpose of -
(a) Chapter ii means
a token issued bylaw 4 (4) and
(b) Chapter V means a token depicting a white cross on a black background;
"Town Clerk"
means any person chief administrative and executive officer appointed
by the Board, or during his absence, the officer acting in that
capacity and includes any employee of th Board acting under the
direction in the employ of the Town Clerk.
"Traffic Officer"
means any person appointed as such by the Board, any person acting
in that capacity, and includes any person appointed by the Board
as a traffic warden or any authorised traffic officer in the employ
of the Natal Provincial Administration;
"trailer" has
the meaning assigned to it in the Road Traffic Act;
"trolley" means
any trolley exclusively operated by human power;
"vehicle" has
the meaning assigned to it in the Road Traffic Act;
Offences
and Penalties
2. Any person who -
(a) contravenes or fails
to comply with any provision of these bylaws or of any term,
condition, restriction, requirement, notice, or order imposed or
issued in terms
thereof;
(b) gives any information
required by or in connection with any provisions referred to
in paragraph (a) which is false or misleading;
(c) resists, hinders,
obstructs, molest or interferes with any police officer or employee
of the Board in the performance of his duties or the exercise of
his powers under
these bylaws; or
(d) causes or permits
any other person to commit any of the aforesaid acts;
shall be guilty of an
offence and shall be liable on conviction to the maximum penalty
prescribed for the offence in terms of section 266 (7) of the Local
Authorities Ordinance, No. 25 of 1974.
CHAPTER II
TAXIS
Rank permit
required.
3. No person shall use
or ply for hire with any vehicle as a taxi unless such vehicle has
been with a taxi rank permit by the Board under this chapter for
the current year. Granting and issue of rank permit and token.
4.
(1) Any person wishing
to obtain a taxi rank permit required by bylaw 3 shall apply
therefore to the Chief Traffic Officer on the form obtainable from
him.
(2) The Chief Traffic
Officer may grant and issue a taxi rank permit applied for in
accordance with sub bylaw (1) if he is satisfied -
(a) that the vehicle
concerned -
(i) complies with the
provisions of this chapter and any other law relating to vehicles
used as taxi's;
(ii) has been fitted
with a taximeter which complies with the provisions of bylaw 8(1)
or has been exempted under bylaw 8 (2);
(iii) can be accommodated
in the area, taxi rank or other place specified in the
application;
(b) that it is desirable
that such vehicle be permitted to ply for hire as taxi from such
area, taxi rank or place;
(c) that the taxi rank
fee or fees to be determined by the Board from time to time in
terms of Section 265 of the Local Ordinance have been paid; and
(d) that the applicant
is in possession of a valid certificate from the Local Road
Transportation Board to operate the said taxi rank in the Town Board;
(3) The Board may, when
granting a taxi rank permit under sub bylaw (20, impose
such conditions, restrictions and requirements in respect of the
vehicle concerned
its equipage and the use by it of the area, taxi rank or other place
from which it is
to ply for her as it may deem necessary in the interest of the safety
and
convenience of pedestrians and vehicular traffic.
(4) The Board shall issue
with every taxi rank permit issued under sub bylaw (2), a
token specifying -
(a) the year for which
such permit has been granted.
(b) the registration mark allocated to the vehicle concerned.
(c) the make of such vehicle.
(d) the area, taxi rank, or other place from which such vehicle
may ply for hire; and
(e) the number of the taximeter approved for use in such vehicle;
(5) The proprietor of
a taxi in respect of which taxi rank permit has been issued under
this bylaw, shall advise the Chief Traffic Officer -
(a) Of any change of
his address during the year of which such permit was issued; or
(b) when disposing of or otherwise ceasing to be proprietor of such
taxi during the
said year, the name and address of the person to whom it was disposed
of or other
cause of his ceasing to be proprietor thereof within seven days
of the event.
Period
of Validity of rank permit and token
5. A permit and token
issued under bylaw 4 shall be valid from the date of issue until
31 December of the year for which they have been issued.
Suspension
of rank permit
6.
(1) The Chief Traffic
Officer may by notice in writing served on the proprietor of a taxi,
suspend the operation of the current taxi rank permit issued in
respect of such taxi, for so long as such taxi or the taximeter
fitted thereto fails to comply with the provisions of this chapter,
any other law relating to vehicles used as taxis or any condition,
requirements or restriction imposed under bylaw 4(3) or 8(2).
(2) Such proprietor shall
immediately, upon receipt of such notice, deliver the current token
issued in respect of such taxis to the Chief Traffic Officer.
(3) The Chief Traffic
Officer shall withdraw such suspension and return such token to
such proprietor and return such token to such proprietor upon being
satisfied that such taxi of taximeter again complies with the aforementioned
provisions;
General
provisions relating to rank permit and token
7.
(1) NO person shall except
with the written consent of the Chief Traffic Officer ply to hire
with a taxi from any place other than the area, taxi rank or other
place specified on the current taxi rank permit and token issued
in respect of such TAXI.
(2) No person shall : -
(a) affix a token to
any vehicle other than the taxi in respect of which it was issued;
(b) ply for hire with
a taxi -
(i) unless the token
in respect of such taxi for the current year is fixed to the left
hand side of the windscreen thereof so that its face is clearly
visible from the outside;
(ii) while any token
other than the token issued in respect of such taxi is affixed thereto;
(iii) while any token
which has ceased to be valid is affixed to such taxi; or
(iv) while the operation
of the taxi rank permit issued in respect of such taxi for the current
year is suspended under bylaw 6.
Card to be displayed
8.
(1) No person shall ply
for hire with a taxi for passengers unless a card is issued by
the Chief Traffic Officer specifying -
(a) the prescribed tariff
applicable to such taxi;
(b) the number of seats available in such taxi for passengers;
(c) the size of the tyres on the wheels of such taxi;
(d) the air pressure to be maintained in such tyres;
is permanently affixed
in such taxi so that the face thereof is clearly visible to all
passengers travelling in such taxi.
(2) The provisions of
sub bylaw (1) shall not apply in respect of any taxi for so long
as an exemption granted to the proprietor thereof in terms of bylaw
8(2) in respect of such taxi is in operation and all conditions,
restrictions and requirements imposed in terms of the bylaws are
being complied with.
Driver's
dress and identification card
9.
(1) No person shall ply
for hire as the driver of a taxi ; unless
(a) he is wearing a clean
white coat or jacket or a uniform approved in writing by the
Chief Traffic Officer; and
(b) a current identification
card issued to him under this bylaws is attached to the card
referred to in bylaw 11 (1) or displayed elsewhere in such taxi
so as to be visible
to all passengers travelling therein.
(2) Any person applying
for an identification card under this bylaw shall submit to the
Chief Traffic Officer an application in writing containing such
particulars as the Chief Traffic Officer may require, and a recent
clear photograph 40mm X 30mm (passport size) showing his head and
shoulders.
(3) If the Chief Traffic
Officer is satisfied that the photograph submitted refers to the
applicant he shall issue to him an identification card to which
such photograph has been affixed and specifying his name, his identity
number as defined in section 1 of the Population Registration Act,
1950 (Act 30 of 1950) and an expiry date to be determined by the
Chief Traffic Officer.
(4) An identification card issued under this bylaw shall be valid
from the date on which it is issued.
(5) No person shall transfer,
lend or hire and identity card issued to him under this bylaw to
any person or display in any taxi of which he is the driver any
such card not issued to him or which is no longer valid.
Fares
and Charges
10.
(1) No person shall in
connection with the conveyance of any passenger in a taxi, demand
the payment of an amount greater than the fare and charges permitted
by the prescribed tariff in respect of the journey for which such
taxi was hired by such passenger.
(2) No agreement for
the payment of a fare or charge exceeding that permitted by the
prescribed tariff shall be binding in respect of any journey in
a taxi and passenger shall, not withstanding any such agreement,
be entitled to refuse to pay any amount demanded in excess of the
fare and charges so permitted.
(3) The passenger, in
a taxi shall pay the fare and charges due for the journey for which
he hired such a taxi immediately upon the completion of such a journey
and shall not be entitled to require that the driver of such a taxi
await his return before making payment, or remain waiting for the
purposes of conveying him.
(4)
(a) The driver of a taxi shall, as soon as any passenger therein
has paid any fares and charges due by him for a journey in such
taxi, issue to such passenger a receipt showing -
(i) the amount of the
fare and charges paid by such passenger;
(ii) the date and the time at which such passenger entered such
taxi to commence his
journey.
(iii) the places at which such journey
(iv) the distance traveled during such journey; and
(v) the registration allotted to such taxi;
(b) a duplicate of such
a receipt shall be retained by such driver or by the proprietor
of
such taxi for a period of nor less than 3 months after the date
on which it was
issued.
(5) No person shall
(a) hire a taxi knowing
that he will not be able to pay the fare and charges due upon
demand in accordance with this bylaw;
(b) unlawfully refuse to pay or endeavor to avoid paying the fare
and charges due by
him for any convenience in a taxi; or,
(c) having failed to pay the fare and charges due by him for any
conveyance in a taxi,
either refuse to give the driver of such taxi his name and address,
or give such
driver a false name and address.
(6) No person shall demand
the payment of the fare and charges due by any passenger in a taxi
before he completion of such a journey.
Use of
taxi ranks
11.
(1) Subject to the provisions
of these bylaws or any other law, a taxi driver shall, when plying
for hire at a taxi rank, be available and ready to be hired at all
times and no such driver shall refuse to carry any passenger or
passengers up to the number of seats available in his taxi to any
place within the Town Board unless he has been previously hired;
and
(a) can produce written
proof of such hiring, or
(b) is displaying in
his taxi so as to be clearly visible from outside, a sign bearing
the
legend "Engaged - Bespreek" in red letters not less than
25 mm high and of
proportionate breadth on a white background.
(2) When plying for the
hire the driver of a taxi shall park his taxi on the place which
has been allocated to him by the Board as specified in Bylaw 4.
(3) No driver shall,
when plying fir hire at a taxi rank -
(a) leave of a taxi attended
for a period exceeding one hour; or
(b) permit any person to remain or wait in his taxi.
(4) No person shall park
or stop in a taxi rank any vehicle other than a taxi in respect
of which a permit and token specifying such a taxi rank has been
issued for the current year.
General provisions relating to taxis and taxi drivers.
12.
(1) No person shall ply
for hire with a taxi which is not roadworthy, clean and of a
neat presentable appearance.
(2) No driver of a taxi
shall -
(a) conduct himself in
a disorderly manner;
(b) canvass for fares;
(c) stand or wait with his taxi in a public street or public place
when not hired except
in the area, taxi rank or other place specified in the token issued
in respect of his
taxi, for the current year;
(d) after being hired -
(i) allow any person
other than the person who has hire his taxi to be conveyed therein
except on the directions or with the permission of the latter;
(ii) drive to his destination
by any but the most direct route unless he is directed to
the contrary by the person who has hired the taxi;
(iii) in any way delay
in complying with or fail to comply with his obligations under
the agreement concluded with the person who has hired the taxi;
(e) when plying for hire,
cause or permit his taxi to stand or remain in such a position
that it will obstruct to hinder passengers wishing to enter or leave
any other
passengers;
(3) A driver of a taxi
shall immediately after conveying any passenger, search his taxi
for any goods which may have been left therein by such passenger
and shall cause any such goods found by him to be handed in at the
nearest police station without unreasonable delay.
Presumptions
13.
(1) Whenever any person
is or goods are conveyed by taxi for hire or reward in contravenes
of any provisions of the chapter, it shall be presumed until the
contrary is provided that the proprietor of such taxi caused or
permitted such person or goods to be conveyed.
(2) If any prosecution
under this chapter, it is proved that a person has conveyed passengers
or goods in a motor vehicle on a public road it shall be presumed
until the contrary is proved, that he so conveyed such passengers
or goods for hire or reward.
(3) The driver of a taxi
shall until the contrary is proved, be deemed to be proprietor thereof.
CHAPTER 111
PUBLIC
BUSES
14.
(1) The ranks (herein
after referred to as bus ranks) on the portions of public road and
places open to the public and on the area of land prescribed by
the Board shall be established as special parking places for the
parking of public buses and which are authorised to use such bus
ranks by permit issued in terms of these bylaws. Such bus ranks
shall be indicated by traffic signs and markings erected and marked
in accordance with the relevant provisions of Schedule 2 of the
Road Traffic Regulations issued under the Road Traffic Ordinance.
(2) (a) The Chief Traffic
Officer shall demarcate and cause to be set aside in such bus rank,
in the manner hereinafter provided a specific area or areas subdivided
into spaces each sufficient to accommodate at least one bus (herein
after referred to in these bylaws as "loading bays") to
be used exclusively for the purpose of accommodating public buses
only while passengers are allowed to board or alight. The area or
areas so set aside in such rank shall not be less than that which
is sufficient to accommodate the number of buses at one time prescribed
by the Chie Traffic Officer; provided, however, that each bus service
for which the bus rank concerned is reserved in terms hereof shall
be allocated the right to use at least one loading bay such bus
rank either separately or in conjunction with other services for
which the rank is so reserved. The number of loading bays to be
allocated to any particular service shall be decided by the Chief
Traffic Officer with due regard to the total number of bays available
in the bus rank, and the number of vehicles operated by the owner
or owners of the service concerned.
(b) Any area remaining
in any bus rank after the loading bays have been demarcated, and
after provision has been made for purposes ancillary to the bus
rank, including provisions for the convenience and accommodation
of intending passengers, and for the entry and exit of vehicles
and pedestrian shall be made available and demarcated by the Chief
Traffic Officer for the purposes of setting down passengers and
parking buses whilst not engaged in picking up or loading passengers.
Such parking areas may, but need not necessarily be subdivided and
such subdivisions may be allocated for the use of specific services
in the manner provided in paragraph (a) hereof.
(c) The subdivision of
loading or parking areas into bays in terms of the preceding paragraph
shall be affected by means of parking lines or other demarcations,
painted or otherwise clearly indicated on the identified. The allocation
or reservation of loading bays may be affected by means s signs,
notices or other suitable markings showing the outer terminal points
or descriptive names of the service or services for which they have
been reserved.
(d) Whenever he considers
it reasonable necessary to do so, in order to ensure the fair and
equable distribution between various permit holders of the accommodation
available any parking area demarcated in terms of paragraph
hereof the Chief Traffic Officer may by notice erected at or near
the entrances to such parking areas stipulate the maximum continuous
period which in no case shall be more then eight hours in any one
day during which a bus may be parked thereon. Whenever any vehicle
has been parked and towed to stand within such parking area for
any continuous period not exceeding that so stipulated, it shall
not again be parked in such parking area until an interval of at
least thirty minutes has elapsed.
(e) The settling aside
and demarcation of portions of bus rank as loading bays or parking
areas shall be affected by means of a sign or notice boards, erected
at or near the entrances to such loading bays or parking areas,
or by means of parking lines painted or otherwise clearly indicated
on the traffic way, and any reference in these bylaws to a bus rank
shall unless the context otherwise clearly indicates, include any
loading bay or parking area.
(f) In setting aside
or demarcating loading bays, parking areas or any other area necessary
for purposes ancillary to the use of a bus rank or stipulating the
maximum continuous parking periods in any parking area, the Chief
Traffic Officer shall endeavor to ensure that the fullest and most
effective use is made of such ranks in the interests of both the
permit holders and passengers and he shall have due regard to the
proper regulation of vehicular and pedestrian traffic at or near
any bus rank.
(3) The Board may close
temporarily any bus rank or any portion thereof, established under
these bylaws or temporary rank in lieu thereof;
(4) In cases of emergency,
the powers conferred by sub bylaw (3) to close the bus rank temporarily
may be exercised by the Chief Traffic Officer or his authorised
representative.
Bus Rank
Allocated
15. (1) The bus rank
established in terms of bylaw 14 shall be for the exclusive use
of buses lawfully operating on the routes having the destination
or outer terminal points detailed in respect of such rank by the
Board, provided however, that where any bus in respect of which
a permit to use a bus rank is sought is authorised by the Motor
Carrier Certificate issued in respect thereof to operate to a destination
or outer terminal point other than that prescribed by the Board,
the Chief Traffic Officer shall issue a permit authorizing such
vehicle to use the bus rank most conveniently situated for the route
concerned.
(2) When any bus is proceeding
to any bus rank which it is authorised to use in terms of these
bylaws the owner of such vehicle shall cause the name of the bus
rank to which it is proceeding to be displayed in the destination
indicator of the vehicle in accordance with the provisions of regulation
136 of the regulations issued under the Road Traffic Act.
(3) The provisions of
this bylaw shall not derogate from the authority conferred on the
Chief Traffic Officer by sub bylaw (2) and bylaw 20 to allocate
to or require any services or bus for which the bus rank conferred
is reserved in terms of sub bylaw (1) to use any particular loading
bay or any parking area or sub division thereof which may be demarcated
in any bus rank or specified in the permit issued in respect of
any bus.
Parking
or standing time at loading bays
16. No bus shall be parked
or allowed to stand upon any portion of a bus rank set aside as
a loading bay for a longer period than fifteen minutes any one time,
and where any such vehicle has been parked or allowed to stand upon
such loading bay for any continuous period not exceeding fifteen
minutes it shall not again be parked or allowed to stand upon such
loading bay or portion thereof, until an interval of at least thirty
minutes shall have lapsed.
Parking
of buses prohibited in certain areas
17. Except in the case
of public buses permitted to do so under these bylaws, at a bus
rank establishment by the Board, no person shall park or cause or
permit to be parked any bus upon any public road within the Town
Board save in any bus rank daily establishment in terms of these
bylaws or any amendment thereof, provided that this provision shall
not apply to a bus which is immobilized through mechanical defects;
provided further that no person shall without written consent of
the Board permit public buses not owned or operated by him to park
on any private property within the Town Board, save for the normal
repairing of services f buses by licensed motor garages.
Unauthorised
use of bus rank prohibited
18. (1) No person shall
cause or permit -
(a) any vehicle of a
class other than a public bus to park or stand upon any bus rank.
(b) any public bus to
park or stand upon any bus rank unless in possession of a permit
to do so, issued to respect of such bus terms of these bylaws, provided
that the
prohibition shall not apply to any lawfully substituted bus.
(2) No person in control
of any public bus which is authorised by a current permit to
use any particular loading bay, parking area or subdivision thereof
in any bus
shall cause or permit such vehicle -
(a) to park or stand
upon or use any loading bay or parking area or portion or subdivision
thereof other than that allocated in respect of such vehicle in
terms of such permit, or in terms of bylaws 14 and 15 as the case
may be.
(b) to park or stand
upon or in any way occupy any loading bay for a continuos period
longer than fifteen minutes.
(c) to again park or
stand upon any loading bay until an interval of thirty minutes has
lapsed after such bus has been moved from the loading bay.
(d) to park or stand upon any bus rank or portion thereof which
is temporarily closed in terms of these bylaws;
(e) to remain unattended
in any loading bay;
(3) No person shall remove,
damage or mutilate or in any way Interfere with any signs or notices
which may be erected or affixed in any bus rank by the Chief Traffic
Officer in terms of these bylaws.
Application
for permits
19.
(1) Application for a
permit to use any bus rank or ranks shall be made in writing by
the owner of the public bus or buses in respect of which the permit
is sought and shall be addressed to the Chief Traffic Officer.
(2) With effect from
the date of operation of these bylaws, the applicant shall lodge
with his application a receipt from the Town Treasurer for the sum
prescribed by the Board in respect of each bus for which a permit
is sought. If any application is refused in accordance with the
provisions of bylaw 21 the amount deposited by the applicant shall
be refunded to him. If any application is granted, the amount so
deposited shall be retained by the Town Treasurer as and for the
fee payable by the applicant for the use of the rank authorised
by the permit provided, however, that where a permit is sought for
a period which is less than 12 months for amount payable shall be
one quarter of the aforesaid sum for each completed three months
of the year ending on 31 December following.
(3) The provision of
sub bylaw (2) shall mutatis mutandis apply to an application for
the renewal of an existing permit.
Issue
of Permits
20.
(1) Subject to the provisions
of sub bylaw (2) and of bylaw 21 the Chief Traffic Officer may be
in granting any application -
(a) impose conditions
restricting any bus in respect of which a permit is issued to a
particular loading bay or parking area or subdivision thereof which
may be demarcated as before or provided in the bus rank concerned;
(b) impose conditions
limiting the hours during which any bus rank or subdivision thereof
may be used by the vehicle when not actually engaged in transporting
passengers in terms of any road carrier permit.
(c) impose conditions
specifying the number of vehicles which may use any portion of any
bus rank or any subdivision of such bus rank.
(d) impose any other
conditions which the Chief Traffic Officer may deem reasonable to
ensure a fair allocation of the available accommodation of any bus
rank between the various applicants or for avoiding obstruction
and congestion of vehicles and passengers or to ensure the proper
regulation of traffic at or near the bus rank concerned.
(2) In deciding to impose
any conditions, the Chief Traffic Officer shall have regard -
(a) to the number of
public buses which can conveniently be accommodated in the bus rank
set aside by the Board for the use of vehicles to which the application
relates, unauthorized by a road carrier permit to operate on the
routes having the destination or outer terminal detailed by the
Board.
(b) to any specified
timetable referred to in the road carrier permit issued in respect
of such vehicle and in accordance with such vehicle must be operated.
(c) to the length of time during which the applicant for a permit
has been engaged in the business of transporting passengers for
reward by bus.
(d) to the conditions
of the relevant road carrier permit issued in respect of such motor
vehicle.
(e) any other factor
which may be relevant to the object of ensuring the fullest and
most effective use being made of the bus rank concerned, with due
regard to the convenience of passengers and the regulations of vehicular
and pedestrian traffic at or near such rank.
Power
to refuse application for or to cancel permits
21.
(1) No permit shall be
granted or renewed unless the applicant is the holder of a valid
road carrier permit in respect of the vehicle concerned authorizing
the conveyance of passengers over the relative route. Any permit
or renewal shall be suspended or cancelled ipso facto if the road
carrier permit in respect of the vehicle to which the permit relates
is suspended, withdrawn, cancelled or not renewed.
(2) The cancellation
or suspension of a permit in terms of this bylaw shall not entitle
the holder to any refund in respect of the fee paid by him.
Permit
to be in prescribed form
22.
(1) Whenever an application
for a permit is granted by him the Chief Traffic Officer shall forthwith
issue to the applicant a permit substantially in a form prescribed
by the Chief Traffic Officer, in respect of each public bus for
which application for the right to use a bus rank was made. A permit
shall be valid only for the period stated thereon.
(2) A permit issue in
these terms of these bylaws shall specify the bus rank or ranks
to which it relates and shall entitle the holder to use any loading
bay and any available accommodation in any parking area set aside
or demarcated in the bus rank to which his permit relates, or which
may be specified in the permit as being allocated to him subject
to the conditions endorsed thereon and to the provisions of these
bylaws.
(3) The Board shall in
no way be liable for the loss of or damage to any vehicle or any
accessory or contents of such vehicle which has been parked in any
bus rank.
Permit
to be carried on vehicle to which it relates, and owner's name and
address to be displayed.
23.
(1) A permit so issued
shall at all times be carried in or upon the public bus to which
it relates or in or upon any bus which is lawfully substituted therefore,
and the driver thereof shall exhibit it to a traffic officer, police
officer, or any authorized official person in demand. Failure to
exhibit such permit on demand shall be an offence.
(2) The owner of any
public bus shall cause his name and address to be legibly, permanently
and conspicuously affixed on the side of the vehicle. Such name
and address shall be painted in block letters at least 25 mm in
height, and the colour of the letters shall be in contrast with
the colour of the vehicle.
Expiry
and renewal permit
24.
(1) A permit issued in
terms of these bylaws shall expire on 31 December in each year.
(2) Applications for
the renewal of any permit for the following year shall be made to
the Chief Traffic Officer not later than 31 December in each year,
in the same manner provided in bylaw 19.
(3) Applications for
the renewal made after 31 December aforesaid shall be treated as
applications for new permits.
Power of the Chief Traffic
Officer to authorise substitution of a vehicle.
25. If at any time a
public bus to which a permit relates is under repair of it for any
other reason the owner thereof so desires, the Chief Traffic Officer
may, by endorsement upon the permit, authorise the substitution
of another vehicle therefore either temporarily or for the duration
of the permit; provided however, that in a case of urgency the Chief
Traffic Officer may grant such authority verbally in which case
the owner shall produce the relevant permit for endorsement within
48 hours of such verbal authority having been granted, provided
further that when a substituted vehicle is to be used for less than
24 hours such endorsement shall not be necessary.
Preservation
of the Boards rights
26.
(1) No rights possessed
by the holder of any permit under these bylaws or under such permit
shall operate to debar the Board from permanently or temporarily
closing or removing any bus rank established hereunder, or from
amending these bylaws.
(2) In the vent of it
being deemed necessary by the Board for any reason -
(a) to establish any
new permanent bus rank either in substitution for any existing bus
rank or additional thereto; or
(b) to alter or modify
any of the routes prescribed by the Board or to authorised any additional
routes, th Board may, with consent of the Local Road Transportation
Board and pending the promulgation of the necessary amendments to
these bylaws, issue a temporary permit authorizing the holder to
operate to and from any such new rank or along such altered or additional
route as the case may be.
Drivers
to observe bylaws and instructions of traffic officers
27.
(1) The driver or the
other person in control of any public bus shall exercise the right
conferred by the permit authorizing such vehicle to use any bus
rank and their passengers and shall in addition to observing the
requirements of these bylaws obey all lawful instruction or signals
given by any traffic officer.
(2) For the purposes
of these bylaws all traffic officers are hereby authorised to give
such instructions or signals which may be necessary to avoid obstructions
and congestion of vehicles or passengers and for the proper regulation
of traffic at or near the rank.
Queues
28. (1) At any bus rank
or bus stop established in terms of these bylaws the Board may erect
or cause to be erected queue signs consisting of a notice board
indicating the position and manner in which persons waiting to board
a bus shall stand and form a queue which sign may or may not be
supplemented by queuing barriers in the form of rails or links marked
on the surface of the area to be demarcated for the purpose of queuing.
(2) Persons intending
to board any vehicle at any bus rank or other bus stop at which
queue signs have been erected shall form a queue at and from the
point from which it is indicated that such vehicle will leave.
(3) Persons forming any
such queue shall take and give precedence according to the time
of their arrival.
(4) No person shall board
any vehicle at any bus rank at which queue signs have been erected
except from a queue (unless there are no other persons waiting to
board the vehicle and no person shall take any place in a queue
in front of any person already in that queue.
(5) Where no queue sign
has been erected persons waiting at or near any bus rank or any
bus stop for the purpose of boarding a bus shall form themselves
in a queue not exceeding two abreast, or in a single file when required
thereto by a traffic officer or police officer.
(6) Every person standing
in any queue or boarding or attempting to board any bus at any bus
rank or bus stop where a queue has assembled or a queue sign has
been erected shall comply with all instructions given by any traffic
officer or any police officer as may be necessary for the proper
control of the queue or for the prevention or obstruction to vehicular
or pedestrian traffic.
(7) No person shall board
any bus at any rank or bus stop until all person wishing to alight
therefrom shall have has reasonable opportunity to do so.
(8) It shall be an offence
for any person to enter or attempt to enter any bus which contains
the total number of passengers which it is authorised to carry after
being warned by the conductor or driver not to so.
(9) Any person who fails
to comply with any provision of this bylaw or who refuses to obey
the lawful instructions of any traffic officer or any police officer
or who behaves in a riotous or indecent manner or who is intoxicated
may be removed form a queue or from the vicinity o the bus rank
or bus stop by any traffic officer or by any police officer.
Bus route
and stopping places.
29. No person shall drive
any public bus along any route within the Town Board except along
routes as prescribed by Board's resolution.
30. The Board may by
resolution prescribe bus stops on any routes along which public
buses are permitted to travel. Such bus stops shall be denoted by
a notice marked "Bus Stop."
31. The driver of any
public bus being used on any route within the Town Board for the
purpose of conveying passengers shall, unless such bus is at the
time carrying the maximum number of passengers which it is lawfully
entitled to carry, stop the said bus upon being hailed at any appointed
bus rank or bus stop by any person desirous of travelling by such
bus shall take up such intending passenger provided that the said
passenger is not excluded by any law from being a passenger in the
said bus or in contravention of any condition which may have been
imposed by the Local Road Transportation Board.
The provisions of this
bylaw shall not apply to any public displaying a notice or notices
stating that the said bus is an express, limited stop or special
bus until such bus reaches the destination stated in such notice
or notices, whereupon the provisions of a section shall mutatis
mutandis apply to such public bus.
32. The driver of any
public bus upon being requested by any passengers in the said public
bus to stop shall stop at the next appointed bus rank or bus stop
for the purpose of allowing the said passenger to alight.
33. The driver of any
vehicle other than a public bus shall not allow such vehicle to
stop at any bus stop prescribed by bylaw 30.
34. The driver of a public
bus shall not at any time allow such public bus to remain unattended
at any stopping place or stand situate on any bus route within the
Town Board.
35. (1) No driver or
person in charge of any bus shall -
(a) pick up or set down
any passengers or allow any intending passenger to board or
leave such bus except at a bus rank established in terms of these
bylaws or at a bus
stop designated in accordance with the provisions of these bylaws
or any other
law,
(b) stop this vehicle
at a bus stop for a longer time than necessary for setting down
or
picking up passengers.
(2) No person shall tout,
importune or solicit for passengers for any bus by loitering
or calling or calling out or in any other manner whatsoever.
(3) No person shall board
or attempt to board, leave or attempt to leave any bus at any point
along the route on which it is traveling other than a designated
bus stop.
Right
of appeal to the Board
36. Any bus owner, operator
or driver who aggrieved by any decision given by the Chief Traffic
Officer under these bylaws shall have a right to appeal against
the Board.
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