2
Amendment
of First Schedule.
(20 of 1957)
vehicle or as a dual-purpose vehicle for use as a private car and as a goods vehicle.
(4) No person shall permit or suffer a motor vehick which is registered as a private car or as a private oquibu to stand or ply for hire or reward.
(5) No person shall drive or use, or permit or suffer to be driven or used, any private car for the carriage of my goods for hire or reward or for the carriage of any good other than personal effects.
(6) For the purposes of paragraph (5)— "personal effects" means goods which are the person. property of the driver or any other occupant of the car and which are not merchandise carried in connesian with any trade or business carried on by such driver or occupant.
(7) Where it is established to the satisfaction of the court that goods have been carried in such quantity or in such circumstances as to raise a presumption that they wer carried in contravention of paragraph (5), the onus of proving that the goods were not so carried shall be on the person charged with the offence against paragraph (5).
(8) In any proceedings under this regulation- (a) the onus shall be upon the owner of the vehicle to satisfy the court or magistrate that he was not aware and had no reasonable grounds for believbų that bis vehicle was being used for a purpose fo which it was not registered; and
(8) the onus shall be upon the driver and any other defendant to satisfy the court or magistrate that he was not aware and had no reasonable grounds for believing that the vehicle was not registered for a purpose for which it was being used or wai intended to be used."",
5. The First Schedule to the principal regulations is amended by the deletion of item (xv) and the substitution therefor of the following- "(xv) Amount of tax paid under the Commonwealh Preference (Motor Vehicles) Ordinance, 1957 and number of receipt in respect thereof.".
COUNCIL CHAMBER,
4th April, 196).
Обвал
Clerk of Cencils.
Approved by the Legislative Council this 12th day of April, 1961.
COUNCIL CHAMBER,
12th April, 1961.
That Deman
Deputy Clerk of Councils.
Explanatory Nore.
(This Note is not part of the reguludums but is intended to indicate their general purport).
By regulation 4 of these regulations, regulation 26 (which relates to the control of the use of vehicles) of the Road Traffic (Registration and Licensing of vehicles) Regulations. 1956, is revoked and replaced by a new regulation 26 Jesigned to facilitate proceedings against vehicles used in contravention of the Term of the licences in respect thereof. The opportunity has been taken to make other amendments to the principal regulations, namely
(a) by regulation 2, the addition of a new paragraph to regulation 7 to facilitate the proof, in proceedings under the Road Traffic Ordinance, 1957, and regulations made thereunder, of the contents of the Register of Motor Vehicles;
(b) by regulation 3, the addition of a new regulation 18A containing a specific prohibition against the licensing of a motor vehicle within any dass of vehicle other than the class within which it is registered; and
(c) by regulation 5. the amendment of the First Schedule, consequential upon the enactment of the Commonwealth Preference (Motor Vehicles) Ordinance. 1957 (No. 20 of 1957).
(Secretariat GR47/3231/55)