CHAPTER
222
GARAGE LICENSING |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
|
Premises not to be used as garage without
licence. |
Issue, renewal and transfer of licence. |
Suspension and revocation of licence. |
Ministers decision to be final. |
|
Penalty for obstructing execution of Act. |
Publication of basic standards. |
Indemnity against certain actions. |
Minister may make regulations. |
Application of Act and extension. |
CHAPTER 222 |
GARAGE LICENSING |
An Act to
regulate the operation of garages, the licensing thereof and for other purposes
connected therewith. | 10 of 1980 |
[Assent 18th
December, 1980]
[Commencement 1st November, 1988] |
1. This Act may be cited as the Garage Licensing Act,
1980. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"garage"
means any premises regularly used for one or more of the following purposes- |
(a) the repair
or replacement of vehicle propulsion units, however activated, vehicle
transmissions, vehicle chassis and any appurtenances thereof, including any
electrical systems attached thereto: |
(b) the repair
and/or painting of vehicle bodies; |
(c) the storage
of old or damaged vehicles and/or parts thereof; |
"Minister"
means the Minister responsible for Building Regulations; |
"to
operate" means to keep, manage or control or to cause to be kept, managed
or controlled; |
"vehicle"
means a vehicle which is wholly or partially propelled by electrical or
mechanical means and which is designed or adapted for use on the roads. |
3. (1) No person shall operate a garage except under
and in accordance with the terms and conditions of a licence issued under this
Act by the Minister. | Premises not to be used as garage without licence. |
(2) If any person
operates a garage in contravention of subsection (1), he is guilty of an
offence and liable on summary conviction to a fine not exceeding one thousand
dollars or to imprisonment for a term not exceeding six months. |
4. (1) The Minister may issue, renew or transfer a
licence, as the case may be, under this Act to an applicant for the operation
of a garage on such terms and conditions and subject to such restrictions as
may be prescribed. | Issue, renewal and transfer of licence. |
(2) An application
for the issue, renewal or transfer of a licence shall be made to the Minister
in the prescribed form and shall contain or be accompanied by such information
or documents as may be prescribed. |
(3) A licence
shall- |
(a) be in the
prescribed form; |
(b) be issued,
renewed or transferred on payment of the prescribed fee; |
(c) unless
previously revoked under section 5, expire on the thirtieth of June next
following the date of issue. |
(4) When renewing
a licence the Minister may vary the terms, conditions or restrictions attached
thereto and may impose additional terms, conditions or restrictions. |
5. (1) If while a licence under section 4 is in force
in respect of any premises, any of the terms, conditions or restrictions
subject to which the licence is held are contravened, the Minister may suspend
or revoke the licence. | Suspension and revocation of licence. |
(2) The Minister
shall not suspend or revoke a licence without first giving the holder thereof
the opportunity to make representations to him. |
(3) Where the
Minister suspends or revokes a licence, he shall immediately so inform the
holder of the licence in writing specifying the reason for the suspension or
revocation and, in the case of a suspension, the action required to be taken by
him before the suspension may be removed. |
(4) When the
Minister is satisfied that all action required to be taken by the holder of the
licence has been taken, he may remove the suspension and the licence shall be
as valid as if it had not been suspended. |
(5) Any person
who, knowing or having reason to believe that a licence issued under section 4
in respect of the operation of a garage, has been suspended, operates that
garage on and after the date of such suspension and before the suspension is
removed, is guilty of an offence and liable on summary conviction to a fine not
exceeding one thousand dollars or to imprisonment for a term not exceeding six
months. |
6. Any decision by the Minister- | Minister's decision is final. |
(a) to refuse
to issue, renew or transfer a licence; or |
(b) when
renewing a licence, to vary the terms, conditions or restrictions attached
thereto or to impose additional terms, conditions or restrictions; or |
(c) to suspend
or revoke a licence, |
under this Act
shall be final and shall not be enquired into in any court. |
7. (1) The Minister may, where there is reasonable
cause to suspect that the provisions of this Act are being or have been
contravened, authorise any public officer in writing to enter any premises at
any reasonable hour for the purpose of ascertaining whether there is or has
been on or in connection with the premises any contravention of the provisions
of this Act. | Power to enter premises. |
(2) If it is shown
to the satisfaction of a magistrate on sworn information in writing- |
(a) that
admission to any premises aforesaid has been refused, or that refusal is
apprehended; or |
(b) that the
occupier of such premises is temporarily absent; and |
(c) the case is
one of urgency, |
the
magistrate may by warrant under his hand, authorise any public officer to enter
the premises, if need be, by force. |
(3) A public
officer entering any premises by virtue of subsection (1) or of a warrant
issued under subsection (2), may take with him such other persons as may be
necessary, and on leaving any unoccupied premises which he has entered by
virtue of such warrant, shall leave them as effectually secured against
trespassers as he found them. |
(4) Every warrant
granted under subsection (2) shall continue in force until the purpose for
which the entry is necessary has been satisfied. |
8. A person who wilfully obstructs any person acting in
the execution of this Act, or of a warrant issued thereunder, is liable on
summary conviction to a fine not exceeding one thousand dollars and a further
fine not exceeding two hundred and fifty dollars for each day on which the
offence continues after conviction therefor. | Penalty for obstructing execution of Act. |
9. (1) The Minister shall from time to time authorise
the issue of booklets setting out the standards, to be known as basic
standards, which shall specify the standards required for the operation of a
garage and shall include provisions as to all such other matters for which, in
the opinion of the Minister, provision should be made. | Publication of basic standards. |
(2) A set of basic
standards shall from time to time be made available to every licensee under
this Act at a price to be determined by the Minister. |
(3) The latest
issue of basic standards authorised by the Minister shall supersede all
previous issues and shall be deemed to be the valid set of basic standards. |
10. Subject to any written law for the time being in
force, no action shall lie against the Government, the Minister or any other
person acting under the authority of the Minister, in respect of any loss or
damage whatsoever suffered by any person through the exercise by the Minister
or by such person of the powers conferred upon them by this Act, save only in
respect of any loss or damage which arises directly from the negligence of the
Minister, or of any such person as aforesaid, in the carrying out of any
operation in exercise of those powers. | Indemnity against certain actions. |
11. The Minister may make regulations generally for
the better carrying out of the purposes of this Act and, without derogation
from the generality of such power, any such regulations may provide- | Minister may make regulations. |
(a) for the
manner in which an application for the issue, renewal or transfer of a licence
is to be made, the form of such application and the method of consideration of
such application; |
(b) for the
manner in which a licence is issued and the form of such licence; |
(c) for the
terms and conditions to be attached to any licence and the restrictions subject
to which a licence is to be held; |
(d) for the
fees payable in respect of the issue, renewal or transfer or replacement of a licence; |
(e) for the
inspection of garages and the standards of safety and cleanliness to be
observed in the maintenance and operation thereof; |
(f) for
limiting the number and type of licences to be issued for any given area; |
(g) for
prescribing anything which by the provisions of this Act may be or is to be
prescribed. |
12. This Act shall apply to the Island of New
Providence but the Governor-General may from time to time by order direct that
all or any of the provisions of this Act shall extend, with such exceptions,
adaptations and modifications as may be specified in the order, to any part of
the Out Islands to be defined in such order. | Application of Act and extension. |