1975-HKRS28-16-23_Part03 — Page 50

Authenticated Laws 確真本香港法例 All

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6

(2) A requirement under subsection (1) shall have effect for such perjad, not exceeding 12 months, as may be specified in the notice, and may be extended by the Commissioner för a further period not exceeding 12 mouths.

16. (1) The Commissioner shall, after consultation with a grantee, from time to time as he thinks necessary, direct by notice in writing to the grantee

(a) the frequency at and the period on each day during which a

public omnibus service shall be operated on a specified route; (b) the carrying capacity and types of the omnibuses to be used on

any such route.

(2) Where the effect of a notice under subsection (1) is to alter the frequency at which a public omnibus service is being operated under such & notice in force at the time that the first-mentioned notice is given, such first-mentioned potice shall take effect on such day as the Commissioner may specify, being not less than 3 months after the service of the notice,

(3) A grantee may, on any specified route in respect of which it has the exclusive right to operate a public omnibus service, increase the frequency at which the service is operated on that route in accordance with a direction under subsection (1) whenever in its opinion circumstances so require.

(4) A grantee may, on any specified route in respect of which it doe not have the exclusive right to operate a public omnibus service, increase the frequency at which the service is operated on that route in accordance with a direction under subsection (1) whenever in its opinion circumstançça so require, if the increase in the frequency iş-

(a) agreed between the grantee and any other grantee which operates

a public omnibus service on that route; and

(b) approved by the Commissioner.

17. (1) Subject to subsection (2), every omnibus used by a grantee shall be of Commonwealth manufacture.

(2) The Governor may, on application by a grantee, permit it to use an omnibus manufactured outside the Commonwealth.

18 (1) A grantee shall keep, to the satisfaction of the Commissioner, proper records in respect of the following matters-

(a) the number and capacity of the omnibuses in use on cach

specified route on each day:

(8) the number of journeys and the mileage travelled by each such

omnibus on each day on each such route;

(c) the number of passengers carried by each such omnibus on each

day on each such route:

(d) the daily receipts in respect of each such toute:

(e) the mileage lost each day in relation to each such roule due to accidents, breakdowns and vehicle and staff shortages, respec- tively:

(f) the maintenance of vehicles and stores,

(2) A grantee shall furnish to the Commissioner, at such times and in such form as he may require, copies of the records kept by the grantee in accordance with subsection (1),

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(3) A prantee shall permit the Commissioner, and any person authorized in writing by him, to inspect at any reasonable time all such records and all accounts kept by the grantee in connexion with its franchise; and the Commissioner of any such person may make copies of any such records or accounts.

19. A grantee shall provide and maintain such premises as the Com- missioner considers necessary for construction, repair and maintenance of vehicles used by the grantee in connexion with its franchise and for the parking of all such vehicles when they are not in use,

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20. Except with the written permission of the Commissioner a grantce shall not use any promises provided and maintained in accordance with us of vection 19 otherwise than for the construction, repair, maintenance or parking of vehicles used by the grantee in connexion `with its franchise.

madotedaCC Malla.

#1. (1) The Commissioner, and any person authorized in writing by luspection of him, may

(0) at all reasonable times inspect-

O any premises used by a grantee in connexion with its franchise and all facilities provided by a grantee for the_con- struction, repair and maintenance of vehicles so used by it

(ii) any vehicle used by a grantee in connexion with its Franchise;

(b) require a grantee to carry out in respect of all such vehicles, or such of those vehicles as he may specify, such repair, maintenance or other works, within such lime theing not less than 3 months), as he may specify.

(2) A grantee shall afford such facilities for the inspections referred to in subsection (1)(a) as may be required by the Commissioner.

22. (1) The Governor in Council may, by notice in writing to a grantee, require the payment of the financial penalty specifled in such notice.

(2) A financial penalty may be imposed in respect of the failure by a grantes to comply with its franchise or this Ordinance or any direction" or requirement under its franchise or this Ordinance.

(3) The financial penalties imposed under this section shall not exceed 110,000 for the first occasion on which a penalty is imposed, and shall not exceed 520,000 for the second occasion on which a penalty is imposed for obalever reason, and shall not exceed $50,000 for any subsequent occasion do which a penalty is imposed for whatever reason.

(4) A financial penalty shall not be imposed under this section unless the Commissioner is sutisfied that the grantee has had a reasonable Opportunity of complying with its franchise or this Ordinance or the direction or requirement, as the case may be, and an opportunity of showing cause why the penalty should not be imposed.

(9) A financial penalty imposed under this section shall be recoverable * a civil debt.

PART IV

EMERGENCY and RevocaTION

jome mod skurs MAINTENATUS Latilde and vehicles.

Governor In Council may Lepose FlouncĚNÍ potkally.

23. (1) If the Governor in Council considers that an emergency exist Emerxcacy. he may direct that the franchise of a grantee be suspended, either altogether

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