97. In this Part 5 of these Regulations, unless the context otherwise :indicates or requires, the following terms shall have the meanings respec- tively assigned to them, that is to say:-
"Driver's Log Book"-A Log Book containing forms securely bound, numbered consecutively, in duplicate, and printed and ruled in or to the effect of the following Form:-
DRIVER's Loa BooK.- Record of Driver's Working Hours
Registered No. of motor vehicle:
Name and address of owner of motor vehicle:
Name and address of driver:
No. of driver's license:
State in which license issued: Expiry date:
Deiails of driving hours and of rest periods (to be entered at time and place occurring) ----~-,-IV-o.-·k-co_m.me~ Rest-Paiods of at least 30 minutes
'"""" I ~ach=---+----,
Date
I j I
Timesl
Wor'!< ceased[-=--
-~
><•±« -T~o -"=f==~fj-·=--
----~- --r ~--=-~ T=~-~-==-=-~
=± ____ l_-± ___
_L _ _ L -i. _
_j ___ _Signature of driver:
Regulations 115
"Work" in relation to entries in the driver's log book shall mean any driving or other work in connection with the motor vehicle or the load carried or drawn thereby.
98. ( 1) The driver of a motor vehicle having an unladen weight in excess of 4 t0ns shall-
( a) Carry with him a driver's log book;
(b) Record in duplicate in such book the particulars provided for in the forms herein. Every particular in respect of times of commencing and of ceasing to work and of periods of rest from work shall be written in the forms at the place and the time of such commencing, ceasing or period, as the case may be;
(c) As soon as practicable after he has completed any form in such book, and in any event not later than seven days after the first entry is made by him in such form, sign it and produce the book containing it to the owner of the vehicle or his agent;
(d) During the period of twelve months next succeeding the date on which any record is made by him in a form in such book, retain in the book the duplicate of the form on which such record was made, and shall on demand by any member of the f'olice Force or by any authorised officer produce such record and his current driver's log book for inspection. Such member of the Police Force or authorised officer may endorse against the last entry in any such record or book the date, place and time of such inspection.
(2) The owner of a motor vehicle having an unladen weight in excess of 4 tons shall-
( a) Provide every driver of such vehicle with a driver's log book tc enable him to comply with the requirements of clause ( 1)
(of this Regulation) and shall take all reasonable measures necessary to ensure that the driver complies with such requirements;
(b) Whenever any form in the driver's log book is signed by the driver and such book containing such form is produced to him or his agent in accordance with paragraph (c) of clause ( 1) of this Regulation, remove from the book the original form so signed;
(c) During the period of twelve months next succeeding the date on which he or his agent has obtained any such form from t_he driver, retain in chronological order, at his place of business from which the vehicle normally operates, such form with other forms so obtained by him or his agent, and shall on demand by any member of the Police Force or any authorised officer pro<,luce such form for inspection.
99. Persons are exempted from the requirement to lceep and cacry records as provided in Regulation 98 in respect of-
( a) Any motor vehicle owned by the Crown, or by any Crown Corporation or. Instrumentality or Corporation or Instru- me11tality or person representing the Crown while such vehicle
116 Regulations
is being used for purposes of the business of the Crown or of such Corporation or Instrumentality or person, but not including any such motor vehicle which is carrying passengers or goods or both passengers and goods for hire or reward or for any other considerat~on whatsoever;
(b) Any motor vehicle registered under legislation, ordinance or law of any State or territory of the Commonwealth, other than Queensland, corresponding with "The Main Roads Acts, 1920 to 1959,'' provided that a driver's log book or other record required to be kept and carried under any law for the time being in force in the State or territory in which the vehicle is registered is kept and carried and there is entered therein particulars· of the driver's hours of work and periods of rest therefrom in Queensland and provided further that such current driver's log book or record is produced by the driver for inspection on demand by any member of the Police Force or authorised officer;
*
(c) Any motor vehicle the duties of the driver of which do not require him to be absent from the place of business of the owner of such vehicle from which it normally operates for any period of more than eleven hours or to be at a greater distance therefrom than fifty miles and that owner maintains at his place of business records of the driver's hours of employment · showing the date and time on which and the· place at which such driver commenced and ceased work and particulars of his intervals of rest therefrom.
Part 6--General General Penalty
100. Any person who contravenes or fails to comply with any provi- sion in these Regulations or who fails to comply with any lawful require- ment or direction of the Commissioner made in pursuance of these Regula- tions shall be guilty of an offence and shall be liable, if a specific penalty is not prescribed in respect of such offence, to a penalty of not more than
£50 and, in addition, if such an offence is continued after a conviction therefor, to a further penalty of not more than £10 for each and every day during which such an offence is so continued.
Weights of vehicles and loading
101. The weight of any vehicle carrying goods on any road or goods carried on any vehicle on any road may be ascertained by or in the presence of an authorised officer on ~ weighbridge under the control of the Commissioner for Transport or the Commissioner for Main Roads or the Commissioner for Railways or the Brisbane City Council, or any Local Authority, or on any weighbridge approved by the Commissioner for Transport or the Commissioner for Main Roads for checking weights.
The weight of the goods carried upon or in any such vehicle shall be deemed to be the difference between the gross weight of the loaded vehicle and the unladen weight of the vehicle as shown on the certificate of
*Paragraph (c) inserted by reg: pubd. Gaz. 5 Aug., 1961, p. 1278.
Regulations 117 registration issued in respect of such vehicle under the provisions of the Regulations under "The Main Roads Acts, 1920 to 1959," or under any corresponding legislation, ordinance or law of any State or Territory of the Commonwealth.
102. Every licensee of a licensed passenger service or a Permittee shall pay to the Commissioner prior to the supply by the Commissioner to such licensee or Permittee of any article appearing in the Schedule hereto a sum equal to the cost to the Commissioner of such article as certified by the Commissioner plus a sum not exceeding ten per centum of such cost.
ScHEDULE List of Articles Plates,
Manifests,
In~oices,
Trip Waybills, Log Books, Trip Sheets.
Departmental reports and recommendations to the Commissioner 103. A report made by an authorised· officer or a member of the Police Force, or a copy of such report, may be furnished to the Commis- sioner concerning or in relation to the qualifications, fitness, antecedents, character and conduct of any applicant for, or for the renewal or assign- ment or transfer of, a license to hire or hire driver's license or any such license.
Such authorised officer or member of the Police Force, as aforesaid, shall not incur any civil or criminal liability in respect of reports or copies of reports made or furnished as aforesaid.
Mode of proof
104. In any proceedings under the Act or these Regulations- ( 1) Any certificate.:_
(a) Under the hand of the Commissioner or the Deputy Com- missioner or the Secretary or any person authorised by the Commissioner in that behalf of any particulars kept by the Commissioner in pursuance of the Act or these Regulations; or
(b) Under the hand of the Secretary of the Commissioner of Main Roads under "The Main Roads Acts, 1920 to 1959,"
or any person thereunto authorised by the Commissioner of Main Roads of any particulars kept by the said Com- missioner in pursuance of the said Act or any Regulations from time to time made under the said Acts;
shall be received in evidence and shall be prima facie evidence of the particulars or statements contained therein.
(2) Any certificate under the hand of the Commissioner or the Deputy Commissioner or the Secretary or any person authorised by the Commissioner in that behalf of the receipt or non-receipt of any notice, application, or payment required
118 Regulations
by the Act or these Regulations to be given or made, or of any other matters, shall be prima facie evidence of the particulars or statements contained therein.
(3) Any certificate under the hand of the Chief Inspector of Machinery under "The Inspection of Machinery Acts, 1951 to 1960," or of any officer authorised in that behalf as to
~my inspection made by an officer of the Chief Inspe<::tor of Machinery of any motor vehicle, whether such inspection was carried out at the direction of the Commissioner or not, shaH be received in evidence and shall be prima facie evidence of the particulars or statements contained ·therein.
( 4) In any proceedings under the Act or these Regulations a
certificate under the hand of the Chief Inspector of Weights and Measures under "The Weights and Measures Acts, 1951 to 1957," that any instrument approved by the Commissioner for use in checking weights-·-
( a) Has been tested on a day named in the certificate and has been found to indicate weight correctly; or
(b) Has been tested on a day named in the certificate and that the greatest amount of error (expressed as a per- centage of the correct weight) found in any weight indicated by such instrument is not greater than the percentage specified in such certificate;
shall be received in evidence, and when such instrument is used for checking any weight within the three months next succeeding the said day named in the certificate shall be prima facie evidence tha( any weight indicated by such
instrument was- · o
(i.) In the case of a certificate under paragraph (a) hereto, the correct weight; and
(ii.) In the case of a certificate under paragraph (b) hereto, not greater than the correct weight by a greater percentage of the correct weight than the percentage specified in such certificate to be the greatest amount of error (expressed as a percentage of the correct weight) found upon such test.
(5) Jn any proceedings under the Act or these Regulations a certificate under the hand of the Secretary of the Commis- sioner of Main Roads or any person thereunto authorised by the Commissioner of Main Roads that the particulars in the register of motor vehicles kept by the Commissioner of Main Roads under the provisions of "The· Main Roads Regula- tions, 1933," or any Regulations amending or in substitution for them show that any person was the owner of any motor vehic1e at any time shall be received in evidence and shall be prima facie evidence that such person was the owner of such motor vehicle at such time.
(6) In any proceedings under the Act or thest.; Reg!Jlations <.:
certificnte undet the hand cf the Commiilsioner or the D"'puty Commissioner or the Secretary or ::my person authorised by the Commissioner in that behalf that the particulars in the register of licenses kept by the Commissioner shuw that ;my
Regulations I 19 person was the licensee of a service licensed under the Act at any time shall be received in evidence and shall be prima facie evidence that such person was the licensee of such service at such time.
(7) In any proceedings under the Act or these Regulations any certificate or document purporting to be issued pursuant to
"The Main Roads Acts, 1920 to 1959," or any Regulations made thereunder from time to time or to any corresponding logislation, ordinance or law of any State or Territory of the Commonwealth which states that on any date or during any period a vehicle was registered in the name of any person specified . therein shall be received in evidence and shall be prima facie evidence that such specified person was the owner of such vehicle on such date or during such period.
( 8) In any proceedings under the Act or these Regulations relating to the use of any vehicle the burden of proof that at any material time there was in force an appropriate permit authorising the use of such vehicle shall be on the defendant.
(9) In any proceedings under the Act or these Regulations the production of a copy of the, Gazette purporting to contain any determination of the Commissioner or any notice of the rescission by the Commissioner of any determination made by him shall be conclusive evidence of the due making or rescission, as the case may be, of any such determination and of the contents of such determination or notice.
( 10) In any proceedings under the Act or these Regulations it shall not, be necessary to prove the appointment of the Secretary or to prove the power or authority of any officer to take such proceedings.
Service of process
105. (1) Any notice, order, process, direction, or document whatso- ever under the provisions of the Act or these Regulations required or
authorised to be given or served to or upon any person may be given or served/
(a) By delivering the same to such person;
(b) By leaving the same at the usual place of business or place of abode of such person or at his place of business or place of abode last known to the Commissioner;
(c) By forwarding the same by post in a prepaid letter addressed to such person at his usual place of business or place of abode or at his place of business or place of abode last known to the Commissioner.
(2) Where any such notice, order, process, direction, or document as aforesaid is required or authorised to be given or served to or upon any person whose place of business or place of abode is unknown to the Commissioner, the same may be given or served by publishing it in some newspaper twice with an interval of not less than one week between the dates of such publications.
120 Regulations (3)-
( a) A declaration by any person that he has delivered, left, or posted any notice, order, process, direction, or document in the manner hereinbefore provided shall be conclusive evidence that such notice, order, process, direction, or document has been so delivered, left, or posted, as the case may be.
(b) A declaration by the Commissioner as to the usual place of business or place of abode of any person or as to the place of business or place of abode of any person last known to the Commissioner or that the place of business or place of abode of any person is unknown to the Commissioner shall be conclusive evidence of those facts.
(c) The publication of any notice, order, process, direction, or document may be proved by the production of a copy of the newspaper containing the same.
THE FIRST SCHEDULE (Regulation No. 23A)
FARES AND CHARGES
1. The fares set out hereunder are . the maximum fares. prescribed for the hire of vehicles of the type and under the circumstances outlined hereunder-
In the Metropolitan Traffic District and the Area of the City of Redclif/e-
Taxi-meter cabs-
At flag fall, including fare for first .one-third of a mile or Rate of fare
s. d.
part thereof 1 6
For every additional one-third of a mile or part thereof . . 0 6 Detention of cab while waiting for hirer's convenience
during a hiring-for every two and one-half minutes 0 6 Exempted cabs-
For the first mile or part thereof For every additional mile or part thereof
Detention of cab while waiting for hirer's convenience 3 1
0 6 during a hiring-for every two and one-half minutes 0 6 Provided that the owner 'or driver of an exempted cab or taxi-meter cab shall not be obliged to accept a hiring to attend a wedding or funeral at the fare prescribed above, and the hiring of any such cab for either of such purposes shall be by agreement between the hirer and owner or the hirer and driver, as the case may be.
Outside the Metropolitm.! Traffic District and the Area of the City of Redcliffe-
Taxi-meter cabs-
At flag fall, including fare for first one-third of a mile or part thereof . .
For every additional one-third of a mile or part thereof Detention of cab while waiting for hirer's convenience
during a hiring-for every five minutes
Rate of fare
s. d.
2 0 0 6 1 0
Regulations Exempted cabs-
In the Areas of the Cities of Bundaberg, Cairns, Ipswich, Mackay, Maryborough, Rockhampton, Toowoomba, Townsville, and South Coast-
For the first mile or part thereof- Between 7 a.m. and 9 p.m. . . Between 9 p.m. and 7 a.m. . . For each additional mile or part thereof
Detention of cab while waiting for hirer's convenience during a hiring-for every five minutes ..
Outside the Areas of the Cities of Bundaberg, Cairns, Ipswich, Mackay, Maryborough, Rockhampton, Toowoomba, Townsville, and South Coast-
For each passenger for the first mile or part thereof- Between 7 a.m. and 9 p.m. . .
Between 9 p.m. and 7 a.m. . .
For any number of passengers not exceeding five, for
121 Rate of fare
3. d.
3 0 4 0 1 6 1 0
3 0 4 0 every additional mile or part thereof 1 9 Detention of cab while waiting for hirer's convenience
during a hiring-for every five minutes . . 1 0 The foregoing fares, except in the case of an exempted cab outside-
( 1) The Metropolitan Traffic District and the Area of the City of Redcliffe;
(2) The Areas of the Cities of Bundaberg, Cairns, Ipswich, Mackay, Maryborough, Rockhampton, Toowoomba, Towns- ville, and South Coast;
shall cover the carriage of any number of passengers not exceeding five.
In the computation of the number of passengers carried upon any licensed .cab, two children under twelve years of age shall count as one passenger and any child apparently under five years of age who can be conveniently carried upon a cab shall not be taken into account.
Extras
Tolls and ferry charges.-All tolls and ferry charges incurred during a hiring shall be paid for by the hirer.
Return fare.-Outside the Metropolitan Traffic District and the Area of the City of Redcliffe when a hiring of a licensed cab is terminated at a greater distance than one mile from the place of commencement of hiring the hirer shall pay an extra charge calculated at the rate of one shilling and three pence per mile or part thereof from the place where the hiring is terminated to the place where the hiring commenced by the most direct route.
Within the Metropolitan Traffic District and the Area of the City of Redcliffe a fare shall not be charged or payable in respect o£ a licensed cab while such cab is returning to a cab stand or premises after the termination of a hiring.