§ Lieut.-Colonel HEADLAMI beg to move, in page 68, line 22, to leave out from the beginning to the word "except," in line 30, and to insert instead thereof the words:
As from the appointed day it shall not be lawful for the board or any other person, not being a person using the vehicle in accordance with a road service licence granted to him under Part IV of the Road Traffic Act, 1930, to use a vehicle for the purpose of conveying passengers for hire or reward at separate fares on any road within the special area.This is purely drafting.
§ Sir K. VAUGHAN-MORGANMay we have some explanation? Is there no mistake as to the character of the Amendment?
§ Lieut.-Colonel HEADLAMNo, it is purely drafting. it is simply carrying out the meaning of the Bill as we have explained it all the way through. It is merely improved wording. That is what it amounts to.
§ Sir K. VAUGHAN-MORGANI am very ready to accept my hon. and gallant Friend's assurance, but, when one sees that it shall not be lawful for a person to use a certain vehicle for conveying passengers for hire, one wonders whether one is quite seized of the importance of the Amendment.
§ Lieut.-Colonel HEADLAMI think it merely improves the wording of the Clause as it now stands.
§ Amendment agreed to.
§
Further Amendments made: In page 68, line 32, after the word "Area," insert the words:
(in this section referred to as the Traffic Commissioner').
§ In line 33, leave out the word "shall," and insert instead thereof the word "may."
§ In page 69, line 3, leave out the word "That."
§ In line 20, leave out the word "a" and insert instead thereof the word "the."—[Lieut.-Colonel Headlam.]
§ Lieut.-Colonel HEADLAMI beg to move, in page 69, line 26, at the end, to insert the words:
() The Traffic Commissioner, either on the application of the Commissioner of Police or of any person who is using a vehicle upon a route approved under this section or without any such application, may at any time alter an approved route or revoke his approval of a route under this section or alter or revoke any condition attached by him to his approval;() If the Commissioner of Police is aggrieved by the failure of the Traffic Commissioner to revoke any approval of a route under this section or if the Commissioner of Police or any person who is using a vehicle upon a route approved under this section is aggrieved by any alteration of any route or revocation by the Traffic Commissioner of his approval of a route or the alteration or revocation of any condition attached by him to his approval or by the failure of the Traffic Commissioner to alter an approved route or to alter or revoke any 1535 condition attached by him to his approval, the Commissioner of Police or that person, as the case may be, may appeal to the Minister and upon any such appeal the Minister shall be entitled to take any action which the Traffic Commissioner might have taken in the first instance, and the decision of the Minister shall have effect as if it were the decision of the Traffic Commissioner and shall be final and conclusive.The object of these Sub-sections is to enable the approval of a route, once given, to be reviewed by the Traffic Commissioner either on his own initiative or on application to the Commissioner of Police by any party concerned, and to provide machinery for appeals to the Minister against the decision of the Traffic Commissioner.
§ Sir K. VAUGHAN-MORGANDid hear my hon. and gallant Friend say this entitles any operator to raise the question of an appeal?
§ Lieut.-Colonel HEADLAMYes.
§ Sir K. VAUGHAN-MORGANThere will not be any operator except the combine.
§ Lieut.-Colonel HEADLAMIf there is no operator, the matter will not arise.
§ Sir K. VAUGHAN-MORGANWhat is the purpose of the Amendment?
§ Lieut.-Colonel HEADLAMThe board or any other operator has a right of appeal.
§ Amendment agreed to.
§ Lieut.-Colonel HEADLAMI beg to move, in page 69, line 27, to leave out from the word "person," to the word "on," in line 29, and to insert instead thereof the words:
uses a vehicle for the purposes mentioned in Sub-section (1) of this section on a route not being an approved route, or if any person using any such vehicle.In the Clause, as printed, the offences created by Sub-section (4) do not cover all the cases in Sub-section (1). The Amendment brings Sub-section (4) into conformity -with Sub-section (1).
§ Amendment agreed to.
§ Further Amendments made: In page 69, line 35, leave out from the word "pounds "to the end of line 38.
§ In line 41, leave out the words "running a service," and insert instead thereof 1536 the words "using the vehicle."—[Lieut. Colonel Headlam.]
Lieut.-Colonel HEAD LAMI beg to move, in page 70, line 6, at the end, to insert the words:
() For the purpose of the last preceding sub-section, a vehicle used on a special occasion for the conveyance of a private party shall not be deemed to he a vehicle carrying passengers for hire or reward at separate fares -by reason only that the members of the party have made separate payments which cover their conveyance by that vehicle on that occasion.() Nothing in this section shall apply to any tramcar or trolley vehicle which is being operated under statutory powers.() Proceedings for an offence under this section shall not he instituted except by or by the direction of the Director of Public Prosecutions, the Traffic Commissioner, or a chief officer of police() The Minister may by order make such provision as he may consider necessary for the transition from the enactments in force immediately before the appointed day and relating to the user of vehicles for the purpose of conveying passengers for hire or reward at separate fares in the special area to the provisions of this section, and may by any such order provide that any vehicle which is immediately before the appointed day being lawfully used by any person for such purpose as aforesaid may continue to he so used, notwithstanding the provisions of this section, for such period as may be prescribed by the order and subject to such conditions as may be prescribed by the order.The Minister may revoke, vary, or amend an order made under this sub-section.The object of the first of these Subsections is to bring the provisions of the Clause into conformity with the proviso to Sub-section (2) of Section 61 of the Road Traffic Act, 1930. The second Sub-section is necessary in view of the fact that the provisions as to approved routes are obviously unsuitable for tramcars and trolley vehicles. The third Subsection is designed to prevent vexatious proceedings by rival operators or private individuals. The fourth Sub-section follows the lines of Section 96 of the Road Traffic Act, 1930. It is required to enable services to be continued during the transitional period.
§ Amendment agreed to.