Taxi Regulation Act 2013

27.

Prohibition on promoting, offering or advertising unlicensed small public service vehicle services

27. (1) A person shall not promote, offer or advertise the service of a small public service vehicle for hire when at the time of the promotion, offer or advertisement the person does not hold a licence to provide the service for which the vehicle is to be hired or there is no licence in force in respect of a small public service vehicle to which the promotion, offer or advertisement relates.

(2) A person who contravenes F29 [ subsection (1) ] commits an offence and is liable on summary conviction to a class A fine.

(3) An authorised person may enter any premises (other than a private dwelling, without the consent of the occupier of the dwelling) or place where he or she has reasonable grounds to believe that a person is promoting, offering or advertising the service of a small public service vehicle for hire and—

(a) inspect the premises or place and any promotional or advertising material or printed matter or information (in whatever form held) relating to the hire of a small public service vehicle,

(b) request such information as is reasonable from any person whom he or she suspects is promoting, offering or advertising such services, and

(c) require the name and address of the person.

(4) Where an authorised person is satisfied that a person is promoting, offering or advertising services contrary to subsection (1), he or she may—

(a) seize and detain printed matter or material relating to such services, and

(b) require any person he or she considers is promoting, offering or advertising such services to immediately cease that activity.

(5) A person who claims an interest in printed matter or materials seized under subsection (4)(a) may, not later than 30 days after the date on which the thing was seized, apply to a judge of the District Court within whose district the seizure was effected for an order directing the return to that person of the matter or material and the judge shall, on the hearing of the application—

(a) if satisfied that the seizure under subsection (4)(a) was properly carried out, confirm the seizure and detention, or

(b) if not so satisfied, order the return to the person of the matter or material seized.

(6) A judge of the District Court may adjourn the hearing of an application made to him or her under subsection (5) until the conclusion of any proceedings under subsection (8) relating to the matter concerned.

(7) Where a person who claims an interest in matter or material seized and detained under subsection (4)

(a) does not make an application to the District Court within the period referred to in subsection (5) or does make such an application within that period and the Court dismisses the application or the person withdraws it, or

(b) does not apply within the relevant time for its release,

the Authority may dispose of it.

(8) A person who—

(a) obstructs an authorised person in seizing or detaining matter or material under subsection (4)(a), or

(b) fails to comply with a requirement of an authorised person under subsection (4)(b),

commits an offence and is liable on summary conviction to a class A fine.