1963-HKRS30-8-54_Part06 — Page 2

Application.

Prohibition

of issue of

licences.

(G.N.A.

39/56).

Refusal to isaus licence

"reserved taxi stand" means a taxi stand designated as a reserved taxi

stand in accordance with the provisions of regulation 13: "taxi” includes a dual purpose vehicle registered for use as a taxi and

as a goods vehicle;

"taxi stand" means a place set aside by the Authority in exercise of the powers conferred on him by regulation 12 as a place where taxis may stand or ply for hire and be available for hire and includes a New Territories taxi stand and a reserved taxi stand.

3 These regulations shall apply to a public omnibus and to a public car only when such vehicle is being hired or intended to be hired for the carriage of passengers under a contract express or implied, other than a hire purchase agreement, for the use of the vehicle as a whole at or for a fixed or agreed rate or suIL.

PART II.

ISSUE AND REVOCATION OF VEHICLE LICENCES.

4. The Authority shall not issue a vehicle licence in respect of a motor vehicle as a taxi, as a public omnibus or as a public car in accordance with the provisions of the Road Traffic (Registration and Licensing of Vehicles) Regulations, 1956, unless he is satisfied that--- (a) the motor vehicle is constructed and maintained in accordance with the provisions of every enactment relating to the con- struction and maintenance of such motor vehicles;

(b) the applicant has made suitable arrangements to the satis. faction of the Authority for the maintenance of the motor vehicle;

(c) the applicant has provided suitable accommodation to the satisfaction of the Authority for the motor vehicle or has made such arrangements as will enable him to provide such accom- modation within twelve months of the date of the application for the vehicle licence;

(d) the applicant is of good business repute and has financial re sources adequate for the purposes of maintaining the vehicle in accordance with the foregoing requirements of this regulation and of providing and maintaining, with the vehicle, an efficient taxi service, public omnibus service or public car service, as the case may be; and

(e) the motor vehicle can be licensed for the carriage of not less

than three passengers.

5. The Authority may refuse to issue a vehicle licence in respect of a motor vehicle as a taxi, as a public omnibus or as a public car if-

(a) the applicant has been convicted of an indictable offence:

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(b) the applicant appears to the Authority to be unfit to hold such a vehicle licence by reason of the fact that he or any person in partnership with him or any company of which he was at the material time a responsible official-

() has been convicted of an offence in relation to the use of a motor vehicle as a taxi, as a public omnibus or as a public car or for the carriage of passengers for hire or reward:

or

(ii) was the registered owner of a taxi, public omnibus or a public car, the vehicle licence in respect of which was revoked by reason of his conviction of any offence against any enactment under which the vehicle licence was granted, failure on the part of the registered owner to comply with any conditions contained in the vehicle licence or conviction of the registered owner of an indictable offence; or

(c) the Authority is satisfied that by reason of the number of motor vehicles in respect of which vehicle licences as taxis, as public omnibuses or as public cars generally or as taxis, as public omnibuses or as public cars of the carrying capacity of the motor vehicle for which a licence is sought had been issued or for any other reason it would not be in the public interest that the motor vehicle should be so licensed.

6. (1) The Authority may at any time revoke the vehicle licence Revocation in respect of a motor vehicle as a taxi, as a public omnibus or as a of licence. public car if-

(a) the registered owner or, where the registered owner is a partnership, one of the partners or, where the registered owner is a company, a responsible officer of the company has been convicted of any offence in connexion with the use of a motor vehicle as a taxi, as a public omnibus or as a public car or for the carriage of passengers for hire or reward;

(b) the registered owner has been convicted of an indictable

offence:

(c) the registered owner has been declared a bankrupt or has committed an act of bankruptcy or, where the registered owner is a company, has gone into liquidation; or

(d) drivers of vehicles owned by the registered owner for more than twelve months prior to the date of revocation have been convicted of offences in connexion with the use of the vehicles as taxis, as public omnibuses or as public cars in such manner as would indicate that the registered owner is not exercising or has not exercised adequate control over such drivers.