Section 2

the grant either of an exclusive right to maintain a public service of road transport within a regulated area or part thereof, or the right to operate, within a regulated area or part thereof, a public service of road transport by a vehicle or vehicles for which a public service vehicle licence is required which is not available to all persons holding licences of the same class:

Provided that a right granted is deemed to be a franchise for the purpose of this part of this definition notwithstanding that it does not exclude the Government or persons to whom an exemption has been granted and notwithstanding that it may cease to be exclusive by virtue of the exercise by the

Licensing Authority of the powers conferred by this Act or by any franchise issued hereunder; and

whether or not paragraph (a) applies, the grant of the right under section 64 to operate within a regulated area or part thereof a stage carriage of any class or description of public service vehicle to which section 64 from time to time applies;

“goods service vehicle” means a motor vehicle ordinarily used for the carriage of goods for hire or reward;

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“gross weight” means the net weight of a motor vehicle together with such weight of goods or passengers or both as the vehicle may be authorised in terms of this Act to carry;

“heavy vehicle” means a motor vehicle exceeding 8,000 lb gross weight;

“intoxicating substance” in sections 26, 26A, 26B, 26C, 26D,

26F and 26G means any substance having the property of releasing toxic vapours or fumes which contain toluene and which when inhaled induces or causes a state of intoxication;

“Licensing Authority” means the Motor Transport Licensing

Authority established under section 49;

“licensing officer” includes the Director, and any licensing officer appointed under section 3;

“local authority” includes any Municipal Board set up under section 3 of the Municipal Boards Act (Chapter 57);

“motorcycle” means a motor vehicle with less than four wheels the net weight of which does not exceed 896 pounds;

“motor omnibus” means a public service vehicle having seating accommodation for seven or more passengers;

“motor vehicle” means any mechanically propelled vehicle intended or adapted for use on roads;

“net weight” means the actual weight of a motor vehicle when unladen, but inclusive of the weight of the body, the full amount of water, fuel and accumulators which can be normally carried and used for the purposes of propulsion, the normal full equipment of loose tools and accessories, and all water carried in the radiator;

“owner” means the person in whose name a motor vehicle is registered by a licensing officer:

Provided that in the case of a vehicle which is the subject of a hire-purchase agreement, the term means the person in possession of the vehicle under that agreement;

“passenger” does not include the driver or conductor of a motor vehicle;

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“person” shall have the meaning assigned to it by the

Interpretation and General Clauses Act (Chapter 4);

“police station” in sections 26C and 26D, includes any place or conveyance authorised by the Commissioner of Police to be used as a police station;

“prescribed limit” in sections 26, 26A, 26B, 26C and 26F, means —

35 microgrammes of alcohol in 100 millilitres of breath; or

80 milligrammes of alcohol in 100 millilitres of blood;

“public service vehicle” means a motor vehicle ordinarily used, whether in part or in whole, for the purpose of conveying passengers or goods or both, for hire or reward, whether under contract to a person plying for hire or generally, and, in the case of a tractor, includes any trailer attached to it;

“regulated area” means any area declared to be a regulated area under section 48;

“road” means any highway and any other road to which the public has access, and includes bridges over which a road passes;

“stage carriage” means a motor vehicle that carries passengers for hire or reward at separate fares on a previously determined route;

“taxicab” means a motor vehicle licensed to carry not more than six passengers carrying passengers for hire or reward under a contract, express or implied, for the use of the vehicle as a whole at or for a fixed agreed rate or sum;

“tractor” means a motor vehicle which is used for the purpose of drawing one or more trailers but which is not itself designed to carry any load;

“traffic” includes vehicles of every description, pedestrians, processions, and bodies of troops and all animals being ridden, driven or led;

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“trailer” means any vehicle, which has no independent motive power of its own, and which is attached to or driven by a motor vehicle or is designed or intended to be so attached or drawn, but does not include a side-car in the case of a motorcycle;

“vehicle” means any vehicle, including a trailer, constructed, adapted or capable of being used on roads, whether mechanically propelled or not.

a person does not provide a specimen of breath for a breath test for analysis unless the specimen is sufficient to enable the test or the analysis to be carried out and is provided in such a way as to enable the objective of the test or analysis to be satisfactorily achieved;

subject to section 26G, a person provides a specimen of blood only if he consents to it being taken by a medical practitioner and it is so taken.