PART VAmendments of London Traffic Act, 1924.
57London Traffic Act, 1924, made permanent.
The M1London Traffic Act, 1924 (in this Part of this Act referred to as " the Act of 1924 "), which is limited to expire on the thirty-first day of December, nineteen hundred and thirty-three, shall become a permanent Act.
58Reconstitution of Advisory Committee.
(1)
The Committee (in the Act of 1924 and this Act referred to as " the Advisory Committee ") for the constitution of which provision was made by section one of the Act of 1924 shall, instead of being constituted in the manner provided by subsections (2) and (3) of the said section one, be constituted in the manner provided by the Twelfth Schedule to this Act, and subsections (4) and (5) of the said section one shall cease to have effect.
(2)
The term of office of the members of the Advisory Committee first appointed under this section shall be from the first day of' July, nineteen hundred and thirty-three, until the thirtieth day of June, nineteen hundred and thirty-six, and, subject to the provisions of the said section one with respect to the term of office of persons appointed to fill casual vacancies, the term of office of persons subsequently appointed shall be three years.
(3)
The chairman of the Advisory Committee shall be such member of the Committee as the Committee may elect from amongst the members appointed by local authorities or groups of local authorities (other than the representative of the City Police).
(4)
Subject to the provisions of this Part of this Act, the provisions of the said section one shall apply in relation to the Advisory Committee appointed under this section as they applied in relation to the Committee appointed under the said section one as originally enacted.
59Extension of duties of Advisory Committee.
(1)
It shall be the duty of the Advisory Committee—
(a)
to consider, report to and advise the Minister on, any matters relating to traffic within the London Traffic Area which in their opinion ought to be brought to the notice of the Minister and, in particular, to consider, and to report to and advise the Minister on, any of the matters mentioned in the Second Schedule to the Act of 1924, which may be referred to them by the Minister;
(b)
to make representations to the Board with respect to any matter connected with the services or facilities provided by the Board in the London Traffic Area which ought, in the opinion of the Committee, to be considered by the Board; and
(c)
to consider, report to and advise the Minister on any other matters which, either under the Act of 1924 or this Act, are referred to them by the Minister.
The provisions of this subsection shall have effect in substitution for the provisions of section two of the Act of 1924.
(2)
Joint meetings of the Advisory Committee and of the Board, or, if so agreed between the Committee and the Board, of representatives of the Committee and of the Board, shall be held with a view to facilitating an interchange of views with reference to any representation so made as aforesaid, or with reference to any matter of common interest of which notice has been given by the Committee or by the Board, as the case may be, not less than fourteen days before the day fixed for the meeting.
(3)
Joint meetings for the purposes aforesaid shall be convened by the Chairman of the Advisory Committee at least three times in every year:
Provided that notwithstanding anything in this subsection a meeting shall not be required to be convened so long as the Board and the Committee agree that for the time being a meeting is not necessary.
60Extension of powers of Advisory Committee with respect to inquiries.
(1)
In any case where in pursuance of section three of the Act of 1924 a public inquiry is held by a member of the Advisory Committee, or by the Committee themselves, that member or the Committee may by order require any person, subject to payment or tender of the reasonable expenses of his attendance, to attend as a witness at the inquiry and to give evidence, or to produce any documents in his possession or power which relate to the subject matter of the inquiry and are such as would not be privileged from production in a court of law, and shall have power to take evidence on oath, and that member or the chairman of the Committee shall have power to administer oaths for that purpose.
(2)
If any person fails without reasonable excuse to comply with an order made under this section, he shall, on summary conviction, be liable to a fine not exceeding five pounds.
61Provisions as to routes for road services within special area.
(1)
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 except on a route approved by the Traffic Commissioner for the Metropolitan Traffic Area (in this section referred to as the " Traffic Commissioner "), and the Traffic Commissioner in approving any route may define the route by reference to the streets or parts of streets which may be traversed and to the terminal points, if such points are within the special area, and may attach to his approval conditions for securing that—
(a)
no vehicles, except vehicles of such class or description, or vehicles used for such purposes, as may be specified in the condition, shall be used on that route;
(b)
passengers shall not be taken up or shall not be set down except at or between specified points, or shall not be taken up or shall not be set down between specified points; and
(c)
vehicles on reaching the end of the approved route shall turn at such places, or by using such streets or parts of streets as may be specified;
and for the purposes of this subsection the Minister after consultation with the Commissioner of Police of the Metropolis may give directions to the Traffic Commissioner requiring him to attach to his approval of any route specified conditions relating to the construction of vehicles to be used on the route either in the case of all routes or in the case of particular routes any part of which lies within the Metropolitan Police District or the City of London
(2)
The Traffic Commissioner before approving any route, or any part of a route, which lies within the metropolitan police district, or within the City of London, shall consult with the Commissioner of Police.
(3)
If any person who has applied to the Traffic Commissioner for his approval of a route is aggrieved by the refusal of the Commissioner to approve that route, or by any condition attached by him to his approval (other than a condition attached by him in pursuance of a direction of the Minister given under subsection (1) of this section), or if the Commissioner of Police is aggrieved by the approval of any route within his district or by any condition attaching to the approval (other than as aforesaid), the applicant or Commissioner of Police, as the case may be, may appeal to the Minister.
Upon any such appeal the Minister may approve the route, or part of the route, in question either unconditionally, or subject to such conditions, whether the same conditions as those imposed by the Traffic Commissioner or not, as he may think fit, or may refuse approval, and the decision of the Minister shall have effect as if it were a decision of the Traffic Commissioner and shall be final and conclusive.
(4)
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.
(5)
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 (other than a condition attached by him in pursuance of a direction of the Minister given under subsection (1) of this section), or by the failure of the Traffic Commissioner to alter an approved route, or to alter or revoke any condition attached by him to his approval (other than as aforesaid), 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.
(6)
If any person uses a vehicle for the purposes mentioned in subsection (1) of this section on a route not being an approved route, or if any person using any such vehicle on a route approved under this section fails to comply with, or acts in contravention of any condition attaching to the approval, he shall be liable on summary conviction to a fine not exceeding in the case of a first offence twenty pounds and in the case of a second or subsequent offence fifty pounds :
Provided that a person shall not be deemed to be acting in contravention of this section—
(i)
if he is using the vehicle in accordance with a road service licence granted to him under Part IV of the Road Traffic Act, 1930; or
(ii)
by reason only of the fact that on such special occasions and under such conditions as the Traffic Commissioner may approve, either in relation to vehicles generally or a particular class of vehicles specified by the Traffic Commissioner in his approval, he is using a vehicle for the purpose of conveying passengers at separate fares to or from a specified destination.
(7)
For the purpose of the last preceding subsection, a vehicle used on a special occasion for the conveyance of a private party shall not be deemed to be 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.
(8)
Nothing in this section shall apply to any tramcar or trolley vehicle which is being operated under statutory powers.
(9)
Proceedings for an offence under this section shall not be instituted except by or by the direction of the Director of Public Prosecutions, the Traffic Commissioner, or a chief officer of police.
(10)
The Minister may by order make such provision as he may consider necessary for the transition from the enactments in force immediately before the day upon which the provisions of this section come into operation 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 that day being lawfully used by any person for such purpose as aforesaid may continue to be 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 subsection.
(11)
The provisions of this section shall have effect in substitution for the provisions of section six of the Act of 1924.
62Restriction on number of passenger vehicles using certain streets.
(1)
If the Minister is of opinion that with a view to relieving congestion or promoting public safety or on account of the existence of alternative facilities for the conveyance of passengers or on other grounds of public interest it is desirable so to do, he may by regulations under this section regulate the number and frequency of journeys to be made, either generally or during particular periods, by vehicles conveying passengers for hire or reward at separate fares over any street or part of a street within the special area, and may further by any such regulations—
(a)
classify such vehicles by reference to their class or description, or the route on which, or the conditions under which, or the purposes for which, they are being operated;
(b)
allot a specified number of journeys of a specified frequency, or a specified proportion of the aggregate number of journeys permitted to be made during specified periods, to a particular person or group of persons by whom such vehicles or any class of such vehicles are or are to be operated, or to persons who operate such vehicles on particular routes specified in the regulations, or subject to particular conditions so specified or for particular purposes so specified, so, however, that the number of journeys allotted to persons operating vehicles with the written consent of the Board under section sixteen of this Act shall be included in the allotment of journeys to the Board;
(c)
require persons operating vehicles to which the regulations apply over, or over any part of, any such street as aforesaid to submit to the Minister particulars of the services maintained or to be maintained by them with such vehicles; and
(d)
provide for any limitation imposed by the regulations being dispensed with or relaxed in special circumstances or on special occasions.
(2)
Before making any regulations under this section, the Minister shall refer the matter to the Advisory Committee for their advice and report, and shall give such notice of his intention to make the regulations as he may think best adapted for informing persons affected, and, if any organisation representative of the operators of public service vehicles affected by the proposed regulations make objection thereto in writing addressed to the Minister and requesting that a public inquiry be held, the Advisory Committee shall before reporting to the Minister either appoint one or more of their number to hold, or shall themselves hold, a public inquiry, at which the organisation and any other person whose interests may be affected by the proposed regulations shall be entitled to be heard in support of the objection or of the proposed regulations.
Before any such inquiry is held the Advisory Committee shall give notice of the date and place at which the inquiry will be held, and of the matters to be dealt with at the inquiry.
(3)
Any regulation made under this section shall be laid forthwith before both Houses of Parliament, and if an address is presented to His Majesty by either House of Parliament within the next subsequent twenty-eight days on which that House has sat after the regulation is laid before it praying that the regulation may be annulled, it shall thenceforth be void but without prejudice to the validity of anything previously done thereunder or the making of a new regulation.
(4)
Any such regulations may provide for imposing fines recoverable summarily in respect of breaches thereof not exceeding in the case of a first offence twenty pounds, or in the case of a second or subsequent offence fifty pounds, together with, in the case of a continuing offence, a further fine not exceeding five pounds for every day, subsequent to the day on which he is convicted of the offence, during which the offence continues.
(5)
Proceedings for an offence against regulations made under this section shall not be instituted except by, or by the direction of, the Director of Public Prosecutions, the Traffic Commissioner for the Metropolitan Traffic Area or a chief officer of police.
(6)
Nothing in this section or in any regulation made thereunder shall apply to any tramcar or trolley vehicle which is being operated under statutory powers.
(7)
The provisions of this section shall have effect in substitution for the provisions of section seven of the Act of 1924.
63Power to make regulations with respect to road traffic generally in London Traffic Area.
“(1)
The Minister may make regulations for controlling or regulating vehicular and other traffic on roads within the London Traffic Area and, in particular but without prejudice to the generality of the foregoing words, for any of the purposes, or with respect to any of the matters, mentioned in the Third Schedule to this Act.
Any such regulations may be made so as to apply—
(a)
to the London Traffic Area as a whole, or to particular parts thereof, or to particular places or streets, or parts of streets, therein;
(b)
throughout the day, or during particular periods;
(c)
on special occasions only, or at special times only;
(d)
to vehicles and traffic of any particular class;
and, for the purposes of paragraph (d) of this subsection, may classify vehicles and traffic by reference to any one or more of the following considerations, that is to say, weight, motive power, speed, the character of the load carried, or the absence of any load, and the purpose for which, and the direction in which, the traffic is being conducted, and, in the case of public service vehicles, the nature of the service provided by the vehicle, the route on which the vehicle is being operated and whether it is for the time being engaged in carrying passengers or not.”
64Consequential and minor amendments.
The amendments set out in the second column of the Thirteenth Schedule to this Act, being amendments of a consequential or minor character, shall be made in the provisions of the Act of 1924 specified in the first column of that schedule.
65Transitory provisions.
Notwithstanding anything in this Part of this Act, the members of the Advisory Committee in office on the passing of this Act shall continue in office as such members until the reconstitution of the Committee has been completed in accordance with this Part of this Act with the like powers and duties as if this Act had not been passed.
66Date of operation of Part V of Act.
The provisions of this Part of this Act making permanent the Act of 1924 and making provision for the reconstitution of the Advisory Committee and for the continuance in office of existing members pending such reconstitution shall come into operation on the passing of this Act, but save as aforesaid, this Part of this Act shall come into operation on the first day of July, nineteen hundred and thirty-three, or such later date as the Minister may by order appoint, and different days may be fixed for different purposes and different provisions of this Part of this Act.