P.N. 481/1942 (As amended) SECTION.1
BYLAWS RELATING TO THE ALLOCATION OF TAXI RANKS
1. (a) These Bylaws shall apply to all ranks and stands which have been or may hereafter be set aside by the City Council as special parking places or stands for taxis authorised to use them by a permit issued in terms of these Bylaws.
(b) The setting aside of special parking places or stands shall be effected and defined by the erecting, marking or placing at such places (whether on a public road or not) as the Council may determine of the appropriate road traffic signs and markings prescribed for taxi ranks on public roads by the Regulations made in terms of the Road Traffic Act 19/1989, as amended from time to time or, in the case of special parking places or stands not on a public road of signs and markings similar to such signs and markings so prescribed.
(P.N. 348/57; 431/74; M.N. 391/90)
1A. Nondiscrimination
(1) Subject to the provision of subsection (2) hereof, no provision of these Bylaws shall be applied so as to discriminate between persons on the grounds of race, religion or gender nor shall it be so construed as to have the effect of authorising such discrimination.
(2) Notwithstanding the provisions of subsection (1) hereof, discrimination on the grounds of gender may expressly be authorised in terms of any provision of these Bylaws which prescribes the wearing of appropriate apparel in a public place or imposes a restriction upon the entry of persons into public ablution, toilet and change room facilities or prescribes different standards for such facilities.
(M.N. 43/92)
2. (a) No person except the driver of a taxi in respect of which a permit to use the same has been issued under these Bylaws shall cause or permit any vehicle to stand upon any such parking place at any time.
(b) It shall be unlawful for any person to cause or permit any taxi to stand upon such special parking place during the period or periods when the stopping any vehicles therein is prohibited in terms of a road traffic sign erected or displayed thereat or while such parking place is temporarily closed in terms of these Bylaws.
(P.N. 653/67)
(c) No owner or driver of a taxi shall allow the same to stand in any public road for the purpose of plying for hire, except on a rank or stand established and demarcated as such by a traffic sign and markings in terms of the said Bylaws.
(d) The driver shall remain in charge of such taxi during the whole time it occupies such rank or stand, provided that any driver may leave his taxi unattended on the stand for a period not exceeding 45 minutes.
(P.N. 616/58)
(e) It shall be unlawful for any person to park,or allow, cause or permit to be parked, any taxi in respect of which a permit has been issued in terms of these Bylaws in any rank other than the rank allocated to it and specified in such permit; provided that such taxi may be parked in any communal rank specified in the permit without the payment of any further fee.
(P.N. 653/67; 446/76)
3. (1) Application for a permit to use any such special parking place shall be made in writing to the Chief Constable by the owner of the taxi or taxis in respect of which the permit it sought. Such application shall be made in the form prescribed in the Second Schedule to these Bylaws and shall disclose:
(a) The full name of the applicant and address or, if the applicant is a partnership or a company, the full names of all the partners or directors thereof;
(b) The make, type, seating capacity and registration number of the taxi or taxis concerned;
(c) The length of time during which the applicant has engaged in the business of transporting passengers for reward by taxi;
(d) The number and date of the motor carrier exemption certificate issued by the Road Transportation Board in respect of the taxi or taxis concerned.
(2) A sum of R210,00 shall be payable in respect of each grade A stand and R150,00 in respect of each grade B stand and R70,00 in respect of each grade C stand allocated to an applicant, provided that when application for a permit is made after the 31st January of any year, the amount shall be reduced by R17,50 in respect of grade A ranks and R8,75 in respect of grade B ranks and R4,20 in respect of grade C ranks for each completed months between the date on which application is granted and the 31st day of December immediately preceding such date.
(M.N. 97/77; 62/78; 226/80; 58/82; 267/82;
89/83; 103/84; 116/85; 191/88; CM 26/5/98; 28/5/98)
(3) Grade A ranks, grade B ranks and grade C ranks shall be those as set out in the schedule dated 14 June 1976, prepared by the Chief Constable or as amended from time to time at the discretion of the Chief Constable in consultation with the City Engineer; provided that any permit holder or applicant who is aggrieved by any amendment of the said schedule which alters the grade of a taxi rank in respect of which he is a permit holder or applicant shall have the right within fourteen days of his being notified of such alteration in grade of the rank, to appeal to the Works Committee by giving written notice of appeal to the Town Clerk.
(P.N. 467/61; 248/66; 675/73; 341/75;
M.N. 211/76; 191/88)
(4) The Chief Constable shall as soon as possible report to the Council the particulars of all applications so made to him, together with his recommendations thereon, and the Council shall take such decision thereon as it may deem proper, either summarily or after such investigation as it may decide.
5. Whenever an application for a permit is granted by the Council, the Chief Constable shall forthwith issue to the applicant a permit in the form prescribed by the Third Schedule of these Bylaws and a numbered disc of a design approved by the Chief Constable displaying on the face thereof the registered number of a taxi and the rank on which its use has been authorised. A permit shall be valid only for the period stated thereto.
(P.N. 26/86)
5.(bis) A permit issued in terms of these Bylaws shall not be transferred to any other person without the prior written approval of the Council.
(P.N. 530/64)
5.(ter) The Chief Constable may replace a permit or a disc which has been lost or has become damaged on payment of a fee R20 and submission of an affidavit setting out the circumstances occasioning such loss or damage.
(P.N. 26/86)
6. (1) A permit so issued shall at all times be carried in or upon the taxi to which it relates, and the driver thereof shall exhibit it to any member of the Durban City Police upon demand. Failure to exhibit such permit on demand shall make the driver of such taxi guilty of an offence.
(2) A disc issued in terms of section 5 shall at all times be displayed at the lower near side corner of the windscreen of the taxi to which it relates. Failure to display such disc as aforesaid shall make the driver of such taxi guilty of an offence.
(P.N. 26/86)
7. (1) Applications for the renewal of any permit for the following year shall be made to the Chief Constable not later than the 1st day of December in each year in the same manner as provided in Section 3 of these Bylaws. Applications for renewal made after 1st December aforesaid shall be treated as applications for new permits.
(2) No application for renewal lodged before the 1st day of December shall be refused except on the ground that the applicant has been guilty of misconduct.
8. The Council shall be entitled:
(a) To cancel or to refuse to renew any permit if the motor carrier exemption certificate of the vehicle to which the permit relates is cancelled or withdrawn or is not renewed; or, if the permit was granted on incorrect information furnished by the applicant in terms of sub-section (i) of Bylaw 3 of these Bylaws.
(P.N. 530/64)
(b) Temporarily to close any stand established under these Bylaws and to establish elsewhere another temporary stand in lieu thereof; such temporary closure and establishment shall be deemed to have been effected by the display of notices thereof at or near to the stands concerned, without amendment of these Bylaws, and during any such temporary closure any permit issued in respect of the stand so closed shall be deemed to relate to the stand established in lieu thereof.
9. If at any time the taxi to which a permit relates is under repair, or if for any other reason the owner thereof so desires, the Chief Constable may, by endorsement upon the permit, authorise the substitution of another vehicle therefor either temporarily or for the duration of the permit.
10. No rights possessed by the holder of any permit under these Bylaws or under such permit shall operate to debar the Council from permanently closing or removing any stand established hereunder or from amending these Bylaws or the Schedules appended hereto. Provided, however, that no stand shall be permanently closed or removed until after the expiry of three months' written notice to the holders of any current permits issued in respect thereof in terms of these Bylaws.
(P.N. 348/57)
Offences and penalties
11. (1) Any person, who -
(a) contravenes any provision of these bylaws; or
(b) contravenes any conditions imposed upon the granting of any application, consent, approval, concession, relaxation, permit or authority in terms of these bylaws; or
(c) fails to comply with the terms of any notice served upon him in terms of these bylaws;
shall be guilty of an offence and liable, upon conviction, to the maximum penalty prescribed for the offence by section 266(7)(a) of the Local Authorities Ordinance, No. 25 of 1974.
(2) Failure to comply with the terms of any condition or notice referred to in subsection (1)(b) or (c) above shall constitute an continuing offences and a person failing to comply with the terms of such condition or notice shall be guilty of a separate offence for each day during which he fails to comply with such terms.
(P.N. 491/66; 366/83)
12. In these Bylaws, unless inconsistent with the context: -
"Council" shall mean the City Council of the City of Durban or any committee thereof to which any function of the Council under these Bylaws has been lawfully delegated;
"Taxi" shall mean a public motor vehicle designed or adapted solely or principally for the conveyance of not more than nine persons including the driver.
(P.N. 552/81)
First Schedule deleted by P.N. 348/57
SECOND SCHEDULE
APPLICATION FOR PERMIT TO USE TAXI RANKS OR STANDS
(Under Section 3 of the Bylaws relating to the Allocation of Taxi Ranks)
Chief Constable
Durban.
Full Name of Owner of Taxi
Identity No
Address
Full Names of all Partners and/or Directors
Trading Name
Telephone: Bus: . . . . . . . . . . . . . . . . . . . . . . . . . . . Res
Registration number of Taxi for which Permit is sought
Make and Year: . . . . . . . . . . . . . . . . . . . . . . . . . Type:
Colour. . . . . . . . . . . . . . . . . . . . . . . .Seating Capacity
Engine No: . . . . . . . . . . . . . . . . . . . . . . . . . . . .Chassis No
Number of Public Road Carrier Permit . . . . . . . . . . . . . . . . . .Dated
Valid to:
Number and expiry date of Certificate of Fitness
Particulars of Rank applied for: No . . . . . . . . . . . . . . . . . Situated at
Period for which permit is sought
Other stands presently occupied
Previous stands occupied
(Reasons for vacating to be endorsed on rear of this application)
State whether application is for New Permit or Renewal
Date: . . . . . . . . . . . . . . Signature: (Owner of Taxi)
Full details of Applicant's experience in transporting passengers for hire or reward by taxi to be recorded on the rear of this application.
Cheques for Renewals to be made payable to the "City Treasurer", but cheques must NOT accompany New Applications.
A separate application must be made for each taxi for which a permit is required.
APPROVED IN PRINCIPLE/UNSUCCESSFUL
PERMIT NO:
________________________________
CHIEF CONSTABLE
APPLICANT'S EXPERIENCE IN TRANSPORTING PASSENGERS FOR
HIRE OR REWARD BY TAXI
1. Length of time so engaged
2. Areas to and from
3. Number of taxis owned
4. Number of Public Road Carrier Permits held:
5. Previous Stand/s vacated : reasons
(M.N. 191/88)
THIRD SCHEDULE
PERMIT TO USE TAXI RANK OR STAND
(Under .........................)
Permit No . . . . . . . . . . . . . . . . . .
Authority is hereby granted to motor taxi
owned by to keep up a stand at
for the purpose of plying for hire
during the hours of . . . . . . . . . . . . . . a.m. to daily.
This Permit expires on
Date . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHIEF CONSTABLE
(Office Stamp)