This Act may be cited as the Transport Amendment Act (No. 2) 1953, and shall be read together with and deemed part of the Transport Act 1949 (hereinafter referred to as the principal Act).

2 Amending provisions as to heavy traffic licence fees.

Section fifty-nine of the principal Act is hereby amended by omitting from paragraph (l) the words “but so that the maximum fee in respect of any vehicle shall be not more than seventy-five pounds”.

3 Suspension or curtailment of transport services.

(1)

The principal Act is hereby amended by inserting, after section one hundred and nine, the following new section:

“109a

“(1)

The proper Licensing Authority may, on the application of the licensee, authorize the licensee to suspend or curtail any service in respect of which the licensee is the holder of a licence, either for the remainder of the current term of the licence or for any shorter period, and subject to such conditions as the Licensing Authority thinks fit.

“(2)

Where any service is suspended or curtailed under this section, and the current term of the licence expires during the period of that suspension or curtailment, the licensee may apply under section one hundred and eleven of this Act for the renewal of the licence in respect of that service in its suspended or curtailed form or otherwise, and the Licensing Authority shall have power to grant the renewal in respect of the service as so suspended or curtailed or otherwise, as the case may be, and subject to such conditions as he thinks fit.

“(3)

Where any service is suspended under this section, the licensee shall not be entitled to carry on the service, and no fees under this Act shall accrue or be payable in respect of the licence (except fees which have become due before the commencement of the period of suspension), but the licence shall continue in force throughout the period of suspension.

“(4)

The suspension or curtailment of any service under this section shall not—

“(a)

Constitute a breach of the terms and conditions of the licence:

“(b)

In any way affect the right of the licensee to any protection to which he would be entitled under this Act or any other Act if he had continued to carry on the service in accordance with the terms and conditions of his licence:

“(c)

Be grounds upon which the licence may be revoked or suspended or reviewed under section one hundred and fifteen or section one hundred and sixteen of this Act.

“(5)

The following persons and no others may at any time apply to the Licensing Authority to cancel the period of the suspension or curtailment of any licence authorized under this section, or to amend the licence in respect of any service which has been suspended or curtailed under this section by altering any of the terms or conditions of the licence or by adding any new terms or conditions, namely:

“(a)

The licensee:

“(b)

The Commissioner:

“(c)

The New Zealand Railways Commission:

“(d)

Any public body.

“(6)

Where any service in respect of which a licence is in force at the commencement of this section is at that date suspended or curtailed, the service shall be deemed for the purposes of this Act to have been validly suspended or curtailed for the remainder of the current term of the licence as if it had been so suspended or curtailed under this section with the approval of the proper Licensing Authority.”

(2)

Section one hundred and fourteen of the principal Act is hereby amended by inserting in subsection one, after the word “abandonment”, the words “or suspension”.

4 Registration, annual licence, and other fees.

(1)

Section seventeen of the principal Act is hereby amended by repealing paragraphs (a) and (b) of subsection two, and substituting the following paragraphs:

“(a)

For any tractor or trailer, a fee of one pound:

“(b)

For any other motor vehicle, a fee of two pounds.”

1950, No. 51

(2)

Section twenty-six of the principal Act, as amended by subsection two of section twelve of the Transport Amendment Act 1950, is hereby further amended by omitting from subsection three the words “five shillings and sixpence”, and substituting the words “ten shillings”.

(3)

Section twenty-eight of the principal Act is hereby amended by repealing paragraphs (a) and (b) of subsection four, and substituting the following paragraphs:

“(a)

For a dealer’s licence for use on a motor cycle, a fee of two pounds:

“(b)

For a dealer’s licence for use on any other motor vehicle, a fee of three pounds.”

1950, No. 51

(4)

The principal Act is hereby amended by repealing the First Schedule, as substituted by subsection one of section twelve of the Transport Amendment Act 1950, and substituting the First Schedule set out in the Schedule to this Act.

(5)

The following enactments are hereby repealed:

(a)

Subsections one to three of section twelve of the Transport Amendment Act 1950:

(b)

The Second Schedule to the same Act.

(6)

This section shall come into force on the first day of July, nineteen hundred and fifty-four.

5 Registration and licensing fees to be paid into National Roads Fund.

(1)

Section thirty-four of the principal Act is hereby amended by omitting from subsection one the words “shall be paid into the Consolidated Fund”, and substituting the words “shall be paid into the Public Account to the credit of the National Roads Fund”.

(2)

Section thirty-four of the principal Act is hereby further amended by repealing paragraph (c) of subsection two, as substituted by subsection four of section twelve of the Transport Amendment Act 1950.

(3)

Subsection four of section twelve of the Transport Amendment Act 1950 is hereby repealed.

(4)

This section shall come into force on the first day of April, nineteen hundred and fifty-four.

6 Repealing provisions as to extraordinary traffic.

(1)

The principal Act is hereby amended by repealing section fifty-three.

(2)

No agreement entered into or arbitration award made under subsection one of section fifty-three of the principal Act shall have any effect after the commencement of this section except with respect to any liability accrued before the commencement of this section.

(3)

Notwithstanding the repeal of section fifty-three of the principal Act, the provisions of subsection three of that section shall continue to apply with respect to any moneys received under that section by any local authority before the commencement of this section as if this section had not been passed, and as if the reference in that subsection to the Consolidated Fund were a reference to the National Roads Fund.

(4)

This section shall come into force on the first day of April, nineteen hundred and fifty-four.

7 Heavy traffic licence fees to be paid into National Roads Fund.

(1)

Section fifty-nine of the principal Act is hereby further amended by repealing paragraphs (m) and (n).

(2)

Section fifty-nine of the principal Act is hereby further amended by adding the following subsection as subsection two thereof:

1953, No. 118

“(2)

Subject to the provisions of subsection five of section twenty-two of the National Roads Act 1953, all licence fees received after the commencement of this subsection in respect of heavy traffic licences pursuant to regulations made under subsection one of this section shall be paid into the Public Account to the credit of the National Roads Fund.”

(3)

This section shall come into force on the first day of April, nineteen hundred and fifty-four.

8 Motor spirits tax to be paid into National Roads Fund.

(1)

The principal Act is hereby amended by repealing section sixty, and substituting the following section:

“60

1934, No. 14

“(1)

All moneys received under item numbered 394(7) of the Customs Tariff (being the First Schedule to the Customs Acts Amendment Act 1934 as from time to time amended) as Customs duties in respect of motor spirits imported into New Zealand or entered therein for home consumption after the commencement of this section shall be deemed to be received as a tax in respect of the use of motor vehicles (hereinafter referred to as motor spirits tax).

1953, No. 118

“(2)

Subject to the provisions of subsection four of section twenty-two of the National Roads Act 1953, all moneys received as motor spirits tax, after deducting the amount of any refunds or drawbacks of duty made under the Customs Act 1913, shall be paid into the Public Account to the credit of the National Roads Fund.”

(2)

Sections sixty-one, sixty-four, and sixty-five of the principal Act are hereby repealed.

(3)

This section shall come into force on the first day of April, nineteen hundred and fifty-four.

9 Amending provisions as to refunds of motor spirits tax.

(1)

Section sixty-two of the principal Act is hereby amended by inserting, after subsection three, the following subsection:

“(3a)

All refunds under this section shall be paid out of the National Roads Fund without further appropriation than this section.”

(2)

Section sixty-two of the principal Act is hereby further amended by inserting in subsection five, after the words “against this Act”, the words “and is liable to a fine not exceeding one hundred pounds”.

(3)

This section shall come into force on the first day of April, nineteen hundred and fifty-four.

10 Mileage tax to be paid into the National Roads Fund.

(1)

Section sixty-six of the principal Act is hereby amended by repealing subsection six, and substituting the following subsection:

1953, No. 118

“(6)

Subject to the provisions of subsection four of section twenty-two of the National Roads Act 1953, all moneys paid or recovered under the foregoing provisions of this section shall be paid into the Public Account to the credit of the National Roads Fund.”

(2)

This section shall come into force on the first day of April, nineteen hundred and fifty-four.

11 Crown to be liable for heavy traffic fees.

(1)

Section one hundred and sixty-eight of the principal Act is hereby amended by repealing subsection two, and substituting the following subsection:

“(2)

No by-law made by any local authority under section fifty-four of this Act shall bind the Crown, and nothing in Part III of this Act shall be construed to render the Crown liable to obtain any licence under any by-law in respect of any vehicle.”

(2)

This section shall come into force on the first day of April, nineteen hundred and fifty-four.

12 Amending provisions as to stopping of certain vehicles at railway crossings.

1953, No. 24

(1)

Section forty-six a of the principal Act, as inserted by section eleven of the Transport Amendment Act 1953, is hereby amended by inserting in subsection one, after the words “motor vehicle”, the words “not being a taxicab”.

(2)

The said section forty-six a is hereby further amended by adding to subsection one the following provisoes:

“Provided that, where the traffic on any road that crosses a railway line on the level is for the time being controlled on the approach to the railway line by a constable or Traffic Officer, his directions to that traffic shall be deemed to override the foregoing provisions of this subsection:

“Provided further that the Minister may from time to time, by notice in the Gazette, declare that nothing in this subsection shall apply with respect to any railway line or any specified portion of a railway line or any road or any portion of a road or any railway crossing or class of railway crossing specified in the notice, and that notice shall have effect accordingly.”

Schedule New First Schedule to Principal Act

“FIRST SCHEDULE “Annual Licence Fees

Section 4(4)

“(Effective on and from 1 July 1954)

		£	s.	d.
“(1)	For every motor cycle	2	0	0
“(2)	For every motor car	3	0	0
“(3)	For every motor vehicle designed exclusively or principally for the carriage of persons exceeding nine in number inclusive of the driver	5	0	0
“(4)	For every motor vehicle the gross weight of which unladen, together with the manufacturer’s rating of weight carrying capacity, exceeds two tons avoirdupois	5	0	0
“(5)	For every trailer—
	“(a) Having two or more axles	5	0	0
	“(b) Having one axle	1	10	0
“(6)	For every traction engine	7	10	0
“(7)	For every other motor vehicle	4	0	0”

Transport Amendment Act (No 2) 1953