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CHAR-A-BANC REGULATION ACT (NORTHERN IRELAND) 1924

CHAR-A-BANC REGULATION ACT (NORTHERN IRELAND) 1924 - LONG TITLE

An Act to extend to Char-a-bancs certain provisions of the Towns
Improvement (Ireland) Act, 1854, with respect to Hackney Carriages,
and for other purposes connected with the regulation of Char-a-bancs.
[29th May 1924]
Application of certain provisions of 1854 c.103 to char-a-bancs.

CHAR-A-BANC REGULATION ACT (NORTHERN IRELAND) 1924 - SECT 1

1.(1) The provisions of the Towns Improvement (Ireland) Act, 1854,
(in this Act referred to as "the principal Act") with respect to
hackney carriages shall, notwithstanding anything contained in section
seventy-eight of the principal Act, apply to every char-a-banc as
defined in this section; and references to hackney carriages, hackney
coaches, or carriages and to drivers thereof, whenever they occur in
any of the said provisions, shall be deemed to include references
to every such char-a-banc and the driver and conductor thereof:

Provided that, in the case of any char-a-banc used solely for the
carriage of passengers from places within the prescribed distance to
and from places outside the prescribed distance, such of the
aforesaid provisions of the principal Act as are specified in the
Schedule to this Act shall not apply.

(2) For the purposes of this Act, the expression "char-a-banc"
includes every char-a-banc, omnibus, wagonette, brake, stage coach and
other carriage used in plying or standing for hire or used to
carry passengers at separate fares to, from or in any part of the
prescribed distance, but does not include

(a)Any tramcar or tram carriage to which the provisions of the
Tramways (Ireland) Acts, 1860 to 1900, or any Order in Council
thereunder, or of any local Act, apply; or

(b)Any omnibus belonging to, or hired for use by, any railway
company for conveying passengers and their luggage to or from any
railway station of that company, but not used in plying or standing
for hire within the prescribed distance; or

(c)(Except as in this Act expressly provided) any char-a-banc
starting from outside the prescribed distance and bringing passengers
within the prescribed distance, but not used in plying or standing
for hire within the prescribed distance.

CHAR-A-BANC REGULATION ACT (NORTHERN IRELAND) 1924 - SECT 2
Licensing days, appeals and offences.

2.(1) The [district council] shall fix one day in each of the
months of April, May and June in each year as the day for the
granting of licences for char-a-bancs under section seventy-nine of
the principal Act, and may at their discretion fix additional days
for that purpose; and no such licence shall be granted except on
one of the days so fixed.

(2) Where, upon application for a licence in respect of a
char-a-banc, the [district council] either refuses to grant a licence
or grants a licence subject to conditions, in every case the
applicant shall have a right of appeal to the Ministry of Home
Affairs for Northern Ireland from the decision of the [district
council], and that Ministry shall have power to make such order
thereon as it thinks fit, and the order shall be binding upon the
[district council] and the applicant. An order made by the said
Ministry under this sub-section shall be final and not subject to
appeal to any court, and may, on the application either of the
said Ministry or of the applicant for the licence, be enforceable
(without prejudice to any other remedy) by writ of mandamus.

(3) Where an offence against this Act, or against any byelaw made
under this Act or the principal Act, is alleged to have been
committed in relation to a char-a-banc, proceedings in respect of
such offence may, if the hiring takes place in the district of the
[district council], be brought before and determined by a court of
summary jurisdiction having jurisdiction in the district of the
[district council], whether such offence is alleged to have been
committed within the district or not, and whether the person sought
to be made amenable resides within such jurisdiction or not.

CHAR-A-BANC REGULATION ACT (NORTHERN IRELAND) 1924 - SECT 3
Byelaws.

3.(1) Without prejudice to their powers under the principal Act, the
[district council] may from time to time make byelaws for all or
any of the following purposes, that is to say

(a)for the inspection of every char-a-banc at all reasonable times
by the inspector of hackney carriages or other officer appointed for
the purpose by the [district council];

(b)for ensuring the fitness of char-a-bancs for public hire, and for
the cessation of user of a char-a-banc which at any time fails in
any way to comply with the requirements of byelaws respecting such
fitness;

(c)for fixing the stands for char-a-bancs, the number of char-a-bancs
which may stand at any point, and the points at which they may
stop a longer time than is necessary for the taking up or setting
down of passengers desirous of entering or leaving the same;

(d)for preventing, within the prescribed distance, the over-crowding
of any char-a-banc;

(e)for preventing, within the prescribed distance, the owner, driver
or conductor of any char-a-banc or any other person on their or
his behalf, by touting, calling out or otherwise, from importuning
any person to use or to be carried for hire in any such
char-a-banc, to the annoyance of such person or of any other
person; and

(f)for regulating generally the conduct of persons employed in or
about any char-a-banc.

(2) Byelaws for the purposes mentioned in paragraphs (c), (d), (e)
and (f) of sub-section (1) of this section may be made by a
[district council] so as to apply to char-a-bancs starting from
outside the prescribed distance and bringing passengers within the
prescribed distance, but not used in plying or standing for hire
within the prescribed distance.

(3) Nothing contained in this section or in the principal Act shall
be construed so as to empower the [district council] to fix the
site of the stand of any char-a-banc in any railway station or in
any yard adjoining thereto, or connected therewith, except with the
consent of the railway company owning such site.

CHAR-A-BANC REGULATION ACT (NORTHERN IRELAND) 1924 - SECT 4
Application of s.11 of 1851 c.92 as to over-crowding of carriages.

4. Every char-a-banc, and every omnibus as defined in sub-section
(3) of section fourteen of the Roads Act, 1920, shall, when used
on any public road or street (whether within the district of a
[district council] or not), be deemed to be a public stage carriage
for the purposes of section eleven of the Summary Jurisdiction
(Ireland) Act, 1851; and, accordingly, references in the
last-mentioned section to the number of passengers for whom seats
shall be provided in or on any public stage carriage, or which any
such carriage shall be intended to carry, shall be construed as
references to the number of persons to be carried by a char-a-banc
or omnibus as regulated by the byelaws of any [district council]
under section eighty-eight of the principal Act as extended by this
Act, or by any other enactment or byelaw.

CHAR-A-BANC REGULATION ACT (NORTHERN IRELAND) 1924 - SECT 5
Saving for local Acts.

5. The provisions of this Act shall be in addition to and not in
derogation of the provisions of any local Act with respect to the
regulation of char-a-bancs which is in force in the district of any
[district council], except that the prescribed distance as defined by
this Act shall, for the purposes of the last-mentioned provisions,
be substituted in the local Act for any other distance measurable
from a point in such district.

CHAR-A-BANC REGULATION ACT (NORTHERN IRELAND) 1924 - SECT 6
Construction and short title.

6.(1) In this Act

Definitions rep. by SRO (NI) 1973/341

The expression "prescribed distance" has the same meaning as the
expression "such prescribed distance" has in the principal Act.

(2) This Act shall (save as otherwise expressly provided therein)
apply to every district to which the principal Act applies.

(3) This Act, so far as it amends the principal Act, shall be
construed as one with the principal Act, and the expression "this
Act" in the principal Act shall be construed to mean the principal
Act as amended by this Act.

Subs.(4) rep. by 1954 c.33 (NI) s.48(1) sch.

(5) This Act may be cited as the Char-a-banc Regulation Act
(Northern Ireland), 1924.

Enactments of the Towns Improvement (Ireland) Act, 1854, which do
not apply to char-a-bancs within the proviso to section one (1) of
this Act.