No. 107/1939:

CORK TAXIMETER AREA FARE BYE-LAWS, 1939.

CORK TAXIMETER AREA FARE BYE-LAWS, 1939.

ARRANGEMENT OF BYE-LAWS :

Bye-Law.

1. Short title.

2. Interpretation.

3. " The area in respect of which these bye-laws apply."

4. Fares.

5. Special Contracts of hiring.

6. Notice of fares.

Schedule.—Fares for this vehicle fixed by the Commissioner, Gárda Síochána.

WHEREAS it is enacted by sub-section (1) of Section 139 of the Road Traffic Act, 1933 (No. 11 of 1933), that the Commissioner of the Gárda Síochána may, with the consent of the Minister for Local Government and Public Health and after consultation with the local authority concerned, make bye-laws fixing the fares which may lawfully be charged for the hire of and for services performed by street service vehicles hired in any specified area and that different such bye-laws may be so made in respect of different specified areas but that every such specified area shall either be co-extensive with an area which is for the time being declared by an Order made by the said Minister under Section 132 of the said Act to be a taximeter area for the purposes of Part VIII of the said Act or shall not include any such an area or part of any such an area :

AND WHEREAS by sub-section (1) of Section 140 of the said Act it is enacted that it shall not be lawful for a small public service vehicle to be used as a street service vehicle in an area in respect of which bye-laws under the said sub-section (1) of the said Section 139 of the said Act are for the time being in force unless there is exhibited in such vehicle in such place and manner as shall be directed by such bye-laws a notice in such form and of such material as shall be directed by such bye-laws stating the fares fixed by such bye-laws in respect of such vehicle :

AND WHEREAS the Commissioner of the Gárda Síochána has, before making the bye-laws hereinafter set forth, consulted the Lord Mayor, Aldermen, and Burgesses of Cork, the Council of the County of Cork and the Urban Council of Passage West in regard thereto :

AND WHEREAS by Order dated the twenty-first day of April, 1939, and made under Section 132 of the said Act the Minister for Local Government and Public Health declared the area consisting of the County Borough of Cork together with such portion of the County of Cork (including the Urban District of Passage West) as lies within a circle with a radius of ten miles having its centre at the Principal Post Office at Oliver Plunkett Street in the said County Borough of Cork to be a taximeter area for the purpose of Part VIII of the said Act :

NOW, I, MICHEÁL Ó CUINNEÁIN, Commissioner of the Gárda Síochána in exercise of the powers conferred on me by sections 139 and 140 of the Road Traffic Act, 1933 (No. 11 of 1933), and of every and any other power me in this behalf enabling, hereby, with the consent of the Minister for Local Government and Public Health testified by his official seal affixed hereto, make the following bye-laws :

1. These Bye-laws may be cited as the Cork Taximeter Area Fare Bye-Laws, 1939.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to the interpretation of these bye-laws.

3. In these bye-laws the expression " the area in respect of which these bye-laws apply " means the area consisting of the County Borough of Cork together with such portion of the County of Cork (including the Urban District of Passage West) as lies within a circle with a radius of ten miles having its centre at the Principal Post Office at Oliver Plunkett Street in the City of Cork.

4. The fares which may lawfully be charged for the hire of and for services performed by street service vehicles hired in the area in respect of which these bye-laws apply shall be in accordance with the following scale, that is to say :—

(a) the minimum fare shall be one shilling ;

(b) subject to the said minimum and to the subsequent paragraphs of this scale—

(i) the fare in respect of any part of the hiring during which the vehicle travels at a speed exceeding four miles per hour shall be calculated at the rate of three pence per quarter of a mile, and

(ii) the fare in respect of any part of the hiring during which the vehicle is either stationary or is travelling at a speed not exceeding four miles per hour shall be calculated at the rate of three pence per three and three-quarter minutes, and

(iii) where the fare calculated at the rate specified in either sub-paragraph (i) or sub-paragraph (ii) of this paragraph or by a combination of both. those rates would exceed a multiple of three pence by a sum less than three pence, such fare shall be taken to be the next higher multiple of three pence ;

(c) a fare may include such one or more of the following extra charges as are appropriate provided that the gross amount thereof is recorded on the taximeter of the vehicle where such gross amount does not exceed the maximum amount which such taximeter is capable of recording, that is to say :—

(i) for each passenger in excess of two, sixpence :

For the purpose of this sub-paragraph infants in arms shall not be reckonable as passengers, and children under ten years of age who are not infants in arms shall, where the number of such children is even, be reckonable as half that number of passengers, and shall, where the number of such children is odd, be reckonable as half the next higher whole number of passengers ;

(ii) for each live animal carried otherwise than in a basket or other receptacle, three pence ;

(iii) for each bicycle, perambulator or child's mail cart (not folded) carried on a luggage platform or other carrier, nine pence ;

(iv) for each article of luggage (including any basket or other receptacle containing one or more live animals but not including any article of luggage mentioned in the immediately preceding subparagraph of this paragraph) carried on a luggage platform or other carrier, three pence ;

(v) for each basket or other receptacle containing one or more live animals not carried on a luggage platform or other carrier, three pence ;

(vi) where articles of luggage other than baskets or other receptacles containing one or more live animals are carried otherwise than on a luggage platform or other carrier, for each such article in excess of two, three pence :

For the purposes of this sub-paragraph the following shall not be reckoned as articles of luggage, that is to say, articles of personal luggage not exceeding two feet in length in the form of attachá cases, bags, satchels, parcels or other similar articles or packages, articles of personal wear or use ordinarily carried by hand and articles used for the purposes of sport or games and ordinarily carried by hand ;

(d) the fare shall be calculated as from the time when the hiring commences ;

(e) no charge shall be payable by the hirer in respect of any portion of a return journey when the vehicle is returning empty after the hiring has terminated ;

(f) where the vehicle is hired for the conveyance of articles of luggage or live animals not accompanied by any person, the fare shall be that which would be chargeable under this scale if the hirer accompanied such articles or animals.

5. Nothing contained in these bye-laws shall prevent the making of a contract stipulating that the total sum to be charged for the hire of a street service vehicle shall be a sum less than the sum which would be chargeable under the scale contained in these bye-laws and every such contract shall have full force and effect accordingly.

6. The notice to be exhibited in pursuance of sub-section (1) of Section 140 of the Road Traffic Act, 1933 (No. 11 of 1933), in a small public service vehicle used as a street service vehicle in the area in respect of which these bye-laws apply shall be a printed notice in the form set out in the Schedule to these bye-laws and such notice shall be securely fixed in a glass covered frame in the rear passenger compartment of such vehicle in such a position that it can be read conveniently by passengers travelling in such vehicle.

Given under my hand this 27th day of June, 1939.

(Signed) MICHEÁL Ó CUINNEÁIN,

Commissioner of the Gárda Sícohána.

WHEREAS in pursuance of Section 8 of the Road Traffic Act, 1933 , the Commissioner has submitted the foregoing bye-laws to the Minister for Local Government and Public Health ; AND WHEREAS the provisions of sub-sections (1) and (5) of Section 8 have been complied with in relation to the said bye-laws ; NOW THEREFORE the Minister for Local Government and Public Health in exercise of the power conferred on him by Section 139, of the said Act hereby consents to the making of the said bye-laws.

Given under the official seal of the Minister for Local Government and Public Health this 22nd day of August, One Thousand Nine Hundred and Thirty Nine.

(Signed) SEÁN T. Ó CEALLAIGH,

Minister for Local Government and Public Health.

SCHEDULE.

FARES FOR THIS VEHICLE FIXED BY THE COMMISSIONER, GÁRDA SÍOCHÁNA.

This Vehicle is fitted with a Taximeter recording the Fare by a combination of Time and Distance.

NOTES :

(i) The minimum fare is one shilling.

(ii) No addition may be made to a fare in respect of a hiring on a Sunday or during the night time.

(iii) No sum for or by way of back fare may be charged from the place at which the hirer discharges the driver.

EXTRA PAYMENTS.

I. Additional Passengers :

II. Luggage :

Luggage carried on the luggage platform or other carrier :—

*(No account is taken of and no charge made for (a) articles of personal wear or use ordinarily carried on the person or in the hand ; (b) articles ordinarily so carried for games or sport ; (c) personal luggage not exceeding 2 feet in length in the form of attaché cases, bags, satchels, parcels or other similar packages or articles).

The above extra payments shall not be payable unless—

(a) the driver records the amount on the taximeter, or

(b) the amount exceeds the amount that can be shown on the taximeter.