1978-HKRS28-16-26_Part04 — Page 33

(Cap. 290)

Rickshaws etc.

Kiew of review,

(

places where the vehicle shall be available for hire; (e) the colour of the vehicle;

(

marking and signs to be exhibited on the vehicle; and

(g) the form of advertising signs in or on the vehicle. (4) In the case of a public omnibus, private omnibus or public light bus the Commissioner, in addition to the conditions specified in subsection (3), nay specify conditions

#to-

(a) the days on which the vehicle may be used andİ the bours during which it may be used in any day: (5) the roads on which the vehicle may be used; and (c) the maximum fares which may be charged to

passengers carried in the vehicle.

(5) The Commissioner, on application to license a motor vehicle as a public ommibus, private omnibus, public light bus or a taxi, shall take into account-

(a) the type of vehicle in respect of which application

for the licence is made:

(6) the number of vehicles licensed as public omnibuses, private omaibuses, public light buses or taxis owned by the applicant;

(c) garaging and maintenance facilities available to

the applicant; and

(d) financial resources of the applicant.

(6) In addition to the matters to be taken into account under subsection (5) the Commissioner on an application to license a motor vehicle as a public omnibus, private omnibus or public light bus shall take into account-

(a) the need for the service proposed having regard to the availability of other forms of transport; (6) future development of public transport on the routes proposed for the vehicle the subject of the application; and

(c) traffic conditions and road capacity on such routes, (7) For the purposes of this section "public omnibus" does not include an omnibus to which the Public Omnibus Services Ordinance applies.

TH. The Commissioner may refuse to license any rick- shaw, tricycle or trailer and may revoke the licence of any such vehicle.

71. (1) Subject to subsection (2), where the Commis sioner-

(e) refuses to register a vehicle under section 7F: (b) refuses to license a vehicle or revokes a licence

under section 7G(1) or (2) or 7H,

the applicant or the holder of the licence may, within 21 days of being notified of the decision of the Commissioner, apply in writing to the Commissioner for a review of the Commissioner's decision by a Transpori Tribunal.

(2) There shall be no right of review where the Cond- missioner-

(a) refuses to register a motor vehide under section

7FUXdMix or

AppolauntAL of Transport TrEbAmA15.

Review.

Practice Bal procedure n peview.

Examinavon

af mocod wehicles In connexion with realstation cls.

(b) refuses to license a motor vehicle or cancels o

licence under section 70(100),

71 (1) The Chief Secretary may appoint such Trans- port Tribunals as may from time to time be necessary for the purposes of this Part.

(2) Each tribunal shall consist of the Commissioner or any Assistant Commissioner for Transport (who shall be the Chairman) and two members of the panel.

(3) In subsection (2) "panel" means the panel appointed under section 26A.

7K. (1) On receipt of an application under section 7! the Commissioner shall fix a time and place for the review and shall give 14 clear days notice thereof to the applicant, (2) The Commissioner shall, so far as practicable, ensure that the date of the review is not less than 10 days nor more than 30 days after the date of the notice served on the applicant under subsection (1).

(0) A Transport Tribunal may postpone a review if it thinks fit and where a review is póstponed the Comunis sioner shall cause a notice to be served on the applicant specifying the date to which the review has been postponed,

(4) I

(c) an applicant or his authorized representative does not appear before the Tribunal on the date of the review notified to him in a notice under subsection 0) or 0) or

(b) an applicant makes no written representations, his application for a review shall be deemed to have been withdrawn.

7L. (1) On a review a Transport Tribunal shall con- sider

(a) any evidence received by it, whether tendered on behalf of the applicant or otherwise, and any re- presentations made by or on behalf of the applicant at the review;

(b) representations in writing by or on behalf of the

applicant.

(2) The Transport Tribusal may confirm or reverse a decision of the Commissioner under section 7F, 70(1) or (2) or 7H.

(3) The Commissioner shall notify an applicant of the Tribunal's decision under subsection (2).

(4) The decision of the Transport Tribunal under sub- section (2) shall be final.

PART IB

EXAMINATION OF MOTOR VEHICLES

TM. (1) Before-

(a) registering a motor vehicle;

(6) issuing a registration book or a duplicate thereof to

the registered owner of a motor vehicle;