Raglan County Council

Waikato Times, Volume 97, Issue 15998, 28 May 1924, Page 15

Raglan County Council

RAGLAN COUNTY COUNCIL BY-LAWS.

UNDER the provisions of Section 112 of the Counties' Act, 1920, notice is hereby given that the undermentioned By-laws, duly made by the Qmnty of Raglan, will be brought into force on and after the 12th day of June, 1924. CAMPBELL JOHNSTONE, Chairman. H. MARSLAND, County Clerk. BY-LAW No. 2. REGULATING TRAFFIC, HEAVY TRAFFIC, AN%> LICENSING OF VEHICLES PLYING FOR HIRE. BY-LAW of the Raglan County Council, made in pursuance and exercise of the powers conferred upon it by "The Public Works Act, 1908," "The Counties Act, 1920," and in pursuance of all and every other powers contained in any other Act enabling the said Council in that behalf. THE RAGLAN COUNTY COUNCIL doth hereby by Special Order ORDAIN as follows: PART I.—REPEAL AND INTRODUCTORY. 1 From, and after the date of the coming into force of _ this. t> w tuTivkwNo 2 of the Traffic By-laws of the County of ?#S 1908 as" amended SaS «1 the pZisfoi of this By-law shall be substituted therefor read with and as part of such By-law, but such repeal shall not affect any prosecution pending right accrued or liability incurred. 9 The words "Heavy Traffic" where used shall have the mean; ir,* nUiined to them by Sect. 139 of "The Public Works Act 1908 and Sy?iSendmento thereof. "Road" or "Roads in the County'-means Sd indudTs any public road or highway within the County of Raglan under the control of the Council. PART 11.-REGULATING TRAFFIC ON ROADS & BRIDGES. 3 No person shall without the previous permission of the Council in writing in that behalf first had and obtained engage in any heaw traff?c on any of the roads in the County with any vehicle or Son engine during the months of June, July, August or September in anv year. 3a The Council may in respect of any road or roads upon application made by any person desirous of engaging in heavy traffic thereof during the months aforesaid and upon the Engineer being 3d thai: such road or roads having regard to its or their state and the weather conditions is or are for the time naaraably fit for heavy traffic, issue a permit to such person engage in heavy traffic on the road or roads specified. Any such permit shall or may be subject to conditions as follows.— (a) In his application such person shall declare the class of traffic and character of goods or objects intended to be transported the weight (unladen) of the vehicle to be engaged and the number of days and trips each day to be occupied and made. fb) The permit if issued shall specify the road or roads to be used the day or days for which it is available, the maximum weight which may be carried on each vehicle on any one trip and such other conditions as.the Engineer may deem necessary. (c) Any permit issued may be suspended or cancelled by the Engineer if he is satisfied that owing to change in conditions or weather the state of the permitted road has become such as to render it unfit for heavy traffic upon his giving such person authorised notice in writing or suspension or cancellation such notice may be given personally or be left or sent bv Post to such persons place of residence or business and it posted shall be taken as served at the time at which it would be delivered in the ordinary course of post. fd) A fee of 5/- shall be paid for each permit so issued to cover cost. Any person who having received any such permit shall engage in heavy traffic contrary to any of the terms and conditions thereof or after the suspension or cancellation by notice commits an offence. 4 No person shall use bullocks as traction animals on any of the roads in the County for any purpose during the months of May, June, July, August, September or October in any year. 5 No person shall use or engage or drive, or cause to be driven or taken, any traction engine upon or along any of the roads in the County during the months of June, July, August or September in any year. 6 No person shall drive or take or cause to be driven or taken, across or along any bridge or culvert within the County any vehicle (not being a traction engine) the weight of which together with any load carried thereon shall exceed six tons. 7. Notwithstanding the weight mentioned in the preceding clause, the Council may from time to time, by notice affixed to any bridge or culvert, specify the maximum weight which the Council considers such bridge or culvert can safely carry, and no person shall drive, conduct, or take any vehicle the weight of which together with the load thereof or thereon, exceeds such maximum on or across such bridge or culvert while such notice is in force and so affixed. 8. No person shall take lead or drive any horse, engine machine or vehicle over any bridge under the control of the Council of a greater span than ten feet at other than a walking pace. 9. No person shall cause or allow any timber or any other heavy material not being wholly raised above the ground on wheels to be dragged on a road. 10. No person shall damage any water-table or any road or drive with a wheel or wheels in any such water-table nor shall any person throw or leave any dead animal or any part thereof in any road or public place, nor throw or leave the same unburied on any private property within 66 feet of any public place. PART lII.—REGULATING WIDTH OF TYRES. 11. No person shall at any time engage, use or employ for hire, either as owner or driver thereof, in any kind of traffic on any of the roads under the care, control or management of the Council, any vehicle having a load weighing more than five hundredweight for each wheel of such vehicle, unless the width of each tyre of such vehicle shall be not less than 24 inches where the load so being carried does not exceed 30 hundredweight and not less than 3 inches where such load exceeds 30 hundredweight, PART IV.—SECURITY FOR SPECIAL DAMAGE. 12. The Council may call upon any person engaged in hauling heavy traffic over any of the roads under the control of the Council to enter into a bond to the Council to enure to the benefit of the Council with or without surety or sureties conditioned for duly repairing and making good, to the satisfaction of the Council, any damage resulting from- the hauling of such heavy traffic, and such bond shall be in a penalty to be fixed by the Council, not exceeding two hundred pounds (£200). If any such person after having been called upon by notice in writing by the Council to enter into such a bond shall continue to engage in such heavy traffic without having entered into such bond be guilty of an offence under this By-law. PART V.—LICENSING OF VEHICLES FOR HIRE. 13. No person shall use for hire, or shall ply for hire with any vehicle for the carriage of passengers or goods nor let out the same for hire within the. County unless such vehicle shall be duly licensed to ply for hire or to be let out for hire in manner hereinafter provided. 14. Every person who, being the owner or one of the owners of any vehicle, shall desire to obtain a license for the same shall sign and deliver to the Clerk an application in writing stating the name and place of abode of such person and of every owner of such vehicle and describing the vehicle for which such license is required stating the number and width of the tyres of its wheels its' carrying capacity for passengers or goods or both, as the case may be, and whether such license is required for the carriage of passengers or of goods, or for both passengers and goods. Every such application shall be accompanied by an amount in money or P. 0.0. equal to the sum payable to the County Fund for the license for which application is made. 15. Every such application shall be considered by the Clerk and the Clerk may call and hear such evidence as he may think fit, and may cause an inspection of such vehicle to be made and may in his discretion grant or refuse such application. 16. If any such application shall be refused the amount accompanying the same shall, on demand, be returned to the applicant, but if such application be granted such amount shall be applied in payment of the sum payable to the County Fund for the license. 17. Every license granted under the provisions of this part of these By-laws shall be signed by the Clerk and shall continue in force (unless suspended or revoked) until the 31st day of March then next following the issue of same. Every such license shall specify the name of every owner of the vehicle in respect of which it is issued, the number of the license (but so that no two licenses issued shall bear the same number) the number of passengers, or the quantity of weight of goods, or both the number of passengers and the weight of goods, as the case may be, which may be carried in such vehicle, and shall sufficiently describe the vehicle in respect of which it is issued, and shall state' clearly whether such vehicle is licensed to ply for the carriage of passengers or of goods or of both. 18. If, upon the consideration of any application for a license under the provisions of this part of these By-laws, the Clerk shall be of opinion that the carrying capacity of the vehicle in respect of which such application is made is less than that stated therein, the applicant may then amend his application, and a license may be granted on such amended application, but, failing such amendment, the application shall be refused. Provided however, that the cant may, if he feels aggrieved by the decision of the Clerk upon such matter, appeal to the Council at their next meeting against such decision.

RAGLAN COUNTY COUNCIL BY-LAWS.

iq Tfc* «,ms to be paid to the County Fund for licenses of vehicles Star" the proves of this part of these By-laws shall be as follows: £ s< d. For every waggon or timber jinker drawn by horses— 5 0 0 For every dray -- -- ~ --' ~" For every buggy gig or sulky let out for hire and not used to ply" for hire for carriage of passengers.. 1 0 0 For every vehicle (other than a motor car or motor bus) plying for hire licensed to carry passengers q not exceeding 10 __-,-- r - - For the like licensed to carry more than 10 passengers 5 0 U For every bullock waggon For every traction engine not used for chaff-cutting or for threshing For every traction engine used for chaff-cutting oi\ 1 q q threshing —. • For every motor car or motor bus licensed to carry passengers not exceeding s__ For the like licensed to carry passengers not exceed- q ing 10 For the like licensed to carry more than 10 passengers 45 0 l 20 The fee for anv license granted as aforesaid between thfirst dav of June and 30th day of September in any year shall be three-fourths of the annual license fee. The fee for every license "ranted between the Ist day of October and the 30th day of Decern ber in any year shall be half the annual license lee and the fee fc every license granted between the Ist day of January and the 31st day of March in any year shall be one-fourth the annual license fee. PART VI.—DRIVERS' LICENSES. 21 No person, whether owner or not of any vehicle plying for hire for carriage of passengers and licensed by the Council shall act as driver of such vehicle until he has paid the prescribed fee and obtained a license authorising him to.act as such driver, such license shall be an annual license expiring on the 31st clay of March m each year, and the fee chargeable therefor shall be two shillings and sixpence. 22 If, upon consideration of any application for a license under the last preceding By-law, the Clerk shall be of opinion that the applicant is not a fit and proper person to hold such license he (the Clerk) may refuse to grant same. And further, if the CJerk is at anv time, "during the currency of a license issued under the last preceding Bv-law, of opinion that the holder of such a license is conducting himself in such a way as to render him an unfit and improper person to hold such a license, he may forthwith by notice in writing served either personally or by letter post on the holder of such license, cancel same; Provided, however, that the applicant may if he feel aggrieved by the decision or action of the Clerk upon such matter, appeal against such decision or action to the Council at its next meeting; but, pending the decision of the Council on any such appeal, such appellant shall be deemed an unlicensed person for purposes of the said last preceding By-law. PART VII.—HEAVY mOTOR TRAFFIC AND FEES. 23. The owners of any mechanically propelled vehicle (whether used or plying to let out for hire or otherwise) engaged in heavy traffic upon 'any of the roads in the County shall before using the same upon any such road apply to the Clerk for a license therefor and shall pay for such license an annual fee as follows.— (1) In respect of every motor or mechanically propelled vehicle whose unladen weight does not exceed one ton __ - -- (la) In respect of every motor or mechanically propelled vehicle whose unladen weight exceeds one ton but does not exceed two tons __ __ 20 0 0 (2) In respect of every motor or mechanically propelled vehicle whose unladen weight exceeds 2 tons but does not exceed 3 tons -"- (3) In respect of every motor or mechanically propelled vehicle whose unladen weight exceeds 3 tons _._ 50 0 0 (4) In respect of any of the foregoing with the right to draw a trailer an additional fee amounting to one-half of the above. 24 The owner of any vehicle in respect of which a license is issued' under this By-law shall be entitled to have such vehicle licensed under any appropriate part of Clause 18 of this By-law (it applicable) without payment of any further fee of charge but Clause 19 of this By-law shall not apply to vehicles licensed under this part of this By-law.

25. No person shall use on the said roads for the purpose of heavy traffic any mechanically propelled vehicle drawing more than one trailer or truck and no' trailer shall be drawn or propelled having a greater weight when unladen than the vehicle drawing or propelling' the same. For the purpose of this By-law a trailer shall be considered a separate vehicle.

•26. Every license issued under Section 2 of this By-law shall be numbered and the owner of the vehicle shall cause the number of such License when issued by the Council and the' letters "R.C.C." to be legibly painted or marked on the offside of such vehicle. 27. No person shall drive any mechanically propelled vehicle engaged in heavy traffic on any of the said roads if the vehicle and load exceed five tons total weight at a greater speed than 15 miles per hour. 28. For the occasional transportation within the County of machinery, boilers or heavy articles which with the vehicles carrying the same shall together weight over 10 tons, the owner of such vehicle (not being regularly engaged in heavy traffic within the County) may in respect of any specified trip obtain.from the Clerk a special permit in respect of such trip upon permit prior to the making thereof of a special fee to be fixed by the Clerk according to the length of the trip and the nature of the load and provided that the vehicle shall follow the route stated in the permit and observe such other conditions as may be imposed to prevent damage to road surface and ensure safety to other vehicles and persons using the roads.

29. Any person who at any time after the coming into operation of this By law shall use any mechanically propelled vehicle for heavy traffic within the County without having first paid a proper license fee for such vehicle and obtained a license which shall then be in force or who shall do or cause to be done or be concerned in doing anything contrary to this part of this By-law or who shall omit to do anything required to be done by him under any provision thereof shall be deemed to have committed a breach of this By-law. PART VIII.—WEIGHTS & MEASURES. 30. For the purpose of this By-law and in regard to the following articles the weight of any load may be ascertained by measurement, or computation according to the following scale:— Gravel, broken stone or sand, 1 cubic yard shall equal l\i tons 400 superficial feet Rimu shall equal __ _. __ 1 ton 400 superficial feet Totara snail equal __ -- __ 1 „ 500 superficial feet White Pine or Kauri shall equal 1 „ 6 bales of wool shall equal __ __ „_ __ 1 „ 350 bricks shall equal __ 28 sacks of oaten sheaf chaff shall equal __ „ 1 „ 12 sacks of potatoes shall equal __ __ __ 1 „ 12 sacks of wheat shall equal __ __ __ 1 „ 14 sacks of oats shall equal __ __ _- 1 „ 1 cord of Firewood shall equal __ __ VA „ 1 cubic yard of Coal shall equal __ __ __ % „

31. It shall be lawful for any member of the Council or any one acting under the authority of the Council or for any police officer or' constable, to stop any vehicle when on any road and to examine and measure the width of the tyres of the wheels and to measure and compute the weight of the load on such vehicle and if the person in charge of such vehicle shall refuse to permit or shall hinder or prevent such measuring or examination .shall be guilty of an offence under this By-law. PART IX.- LICENSES & TRANSFERS. 32. Every license issued under these By-laws shall be duly entered by the Clerk in a Registry Hook to he provided for that purpose and kept at the office of the Council. 33. The owner of every vehicle licensed under these By-laws to ply for hire or carriage of passengers or goods shall cause to be painted or marked in some- conspicuous place on such vehicle, in legible letters and figures of at least one inch in length and of proportionate breadth, the name of the owner, the. number of passengers or quantity of goods, or both, as the case may be, such vehicle is licensed to carry in the following form:— Licensed to carry passengers, or Licensed to carry cwt. goods. and the owner of such vehicle licensed under the.se By-laws shall cause to be affixed to such vehicle a metal plate as supplied by the Council, showing the number of the license as issued in respect of such vehicle. 34. Any person who shall purchase or otherwise acquire any vehicle in respect of which a license under this By-law shall be then in force may apply to the Council for a transfer of such license by himself, and the Council, if it deems fit* may thereupon cause a memorandum to be endorsed on such license stating that such purchase or acquisition has been made or 'taken and that the Council allows a transfer of the license to the purchaser or person so acquiring. Such person shall remove the name of the former owner from the said vehicle and paint his own name in place thereof. Until such endorsement of the license and alteration of the name no such vehicle shall ply for hire for the carriage of passengers or goods. PART X.— INSPECTION. 35. The Council may as often as it deem necessary cause an inspection to be made of all or any vehicle licensed under this By-law, and if any such vehicle shall at any time be, in the opinion of any inspector of vehicles, or person appointed by the Council to inspect the same, in a condition unfit for public use, the Council may give notice to that effect to the owner and if after such notice such owner shall ply or permit or suffer any person to ply for hire with such vehicle or let out the same on hire while in such condition the Council may suspend for any stated time or may revoke the license granted in respect of such vehicle. Any notice may be served upon such owner personally, or by leaving the same at his last known place of abode, or by posting the same addressed to him at his place of abode as stated in the application for such license. If the

RAGLAN COUNTY COUNCiL BY-LAWS. owner of any vehicle in respect of which a license shall have been Wanted hereunder shall fail to cause to be painted or marked and to be kept painted or marked, on such vehicle n some conspicuous place the words and figures which he is hereinbefore required-to cause to be painted or marked and kept painted or marked hereon, or shall fail to have affixed to his vehicle the metal plate as hereinbefore provided for, or if any such person shall commit any breach of this By-law, the Council may suspend for any stated time 01 revoke the license -ranted in respect of such vehicle and no license while suspended under this section shall be deemed to be of any force or virtue. Any license revoked under this section shall immediately cease and determine and the vehicle in respect ol which. such license shall have been issued shall thereupon cease to be licensed hereunder. PART XI.-PEMALTIES. 36. Any person who: — (a) Being the owner of any vehicle for which no license hereunder is in force shall use or permit or suffer the same to be used to ply for hire for the carriage of passengers or ot goods. (b) Being the owner of any vehicle for which a license hereunder is in force fails to cause to be painted or marked and to be kept painted or marked hereon in manner hereinbefore provided, the words and figures hereinbefore required to be so painted or marked and kept painted or marked. (c) Shall ply for hire for the carriage of passengers or "•oods with any vehicle for which no license hereunder is in force, or without having painted or marked thereon in manner hereinbefore provided the words and figures hereinbefore required to be so painted or marked. (d) Being the owner, driver, or person in charge of any vehicle licensed hereunder, shall carry therein or thereon any greater number of passengers or larger quantity or weight of goods than that which according to the license may be carried in and by such vehicle. (e) Being the owner or driver of any licensed vehicle shall ply for hire for the carriage of passengers or goods, or let such vehicle out on hire, while such vehicle is in a condition rendering it unfit for public use. (f) Being the owner of any vehicle licensed hereunder uses or permits or suffers it to ply for hire for the carriage of passengers or of goods whilst in a condition unfit for public use, or (g) Having purchased or otherwise acquired any vehicle licensed hereunder causes or suffers the same to ply for hire for the carriage of passengers or of goods without having first procured an endorsement of the license as hereinbefore provided or without having removed the name of the former owner from such vehicle and having painted his own name thereon. (h) Commits a breach or is guilty of any other offence under any part of this By-law, Shall for each such act, offence, default, omission or breach be liable to a penalty or fine not exceeding £5 (five pounds). SAVING. 37. The provisions of this By-law being by way of substitution and amendment shall not be deemed or taken in any way to prejudice or modify any of the provisions of any other By-laws made by the Council or any of the other rights and remedies conferred upon the Council in respect of roads or traffic by "The Public Works Act 15>08" or any other Act.

The above By-law was made by Special Order of the Raglan County Council, the resolution to make the same having been passed at a special meeting of the Raglan County Council convened for that purpose and held on the 9th day of January, 1924, and confirmed at a subsequent meeting of the said Council held on the 12th day of March, 1924.

THE COffllflGN SEAL of the Chairman, .Councillors and Inhabitants of the County of Raglan was affixed at a meeting and by Order of the Raglan County Council, on the 12th day of March 1924, in the presence of—

CAMPBELL JOHNSTONE, Chairman. A. COBOURNE, Councillor,

W. A. H. MURRAY, Councillor,

H. MARSLAND, County Clerk.