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marking or sign placed thereon in compliance with this Act.

Vehicles.

21. No certificate shall be issued by the Board Weight of for the operation of a motor vehicle which when loaded shall be of a greater weight than nine thousand pounds, and no motor carrier shall operate a motor vehicle of a greater weight than that set out in the certificate issued to him.

22. In addition to the regular license fee imposed Taxes payable. under the provisions of the Motor Vehicle Act, 1918, every motor carrier shall pay to His Majesty for the use of the Province the following taxes:

(a) motor vehicle equipped with pneumatic tires such rate not exceeding one-half cent per ton mile of travel over and along the public highways as the Board may approve;

(b) motor vehicles equipped with hard rubber or solid tires-such rate not exceeding one cent per ton mile of travel over and along the public highways as the Board may approve.

Provided, however, that where, upon the coming into force of this Act, a motor carrier is engaged in conveying His Majesty's mails under contract such motor carrier shall be exempt from the payment of any tax under this Act during the existence of such

contract.

senger travel,

23. The ton miles of passenger travel shall be Ton miles, pascalculated by taking the maximum seating capacity how calculated. of each passenger carrying motor vehicle (trailer included) at one hundred and fifty pounds per passenger seat plus the weight of the vehicle in pounds multiplied by the number of miles travelled in the month. The number thus found divided by two thousand shall determine the ton miles of passenger travel per month.

freight travel,

24. The ton miles of freight travel shall be cal- Ton miles, culated by taking the maximum freight carrying cap- how calculated. acity of each freight carrying motor vehicle unit (trailer included) plus the weight of the motor vehicle

Record of daily operations to be kept.

Monthly sum

mary to be furnished.

Board to

certify amount of Tax due.

Computation of Tax.

Notice to Car.

rier of amount due.

When Tax payable.

in pounds multiplied by the number of miles travelled in the month; the number thus found divided by two thousand shall determine the ton miles of freight travel per month.

25. The motor carrier shall keep a record upon a form prescribed by the Board showing his daily operations. Such daily records shall at all times be produced to the Board or the representative of the Board when called for, and shall be safely preserved by the motor carriers until an order permitting the destruction of such daily records has been obtained from the Board.

26. The motor carrier on or before the tenth day of each month shall certify to the Board under oath, upon forms prescribed by the Board, a summary of the daily records which shall show the total ton miles of passenger or freight travel or both, as the case may be, made by the motor carrier during the preceding month.

27. On or before the last day of each month the Board shall certify to the Secretary the total amount of the tax due from each motor carrier under this Act for the preceding month.

28. The tax shall be computed by multiplying the total number of ton miles operated, as disclosed by the sworn monthly summary of the motor carrier to the Board, by the rate or rates of taxation approved as provided under this Act.

29. Upon receipt of the certificate of the Board, the Secretary shall enter the amount of the tax so certified in the books of his office and shall serve a notice upon the motor carrier of the amount of the same. Such notice may be served by mailing the same postage prepaid to the motor carrier."

30. (1) Such tax shall be payable not later than the fifteenth day of the month following the date of its certification by the Board to the Secretary.

how used and

(2) All taxes paid under this Act shall be paid over Taxes paid, to the Provincial Treasurer and shall form part of the applied. Provincial Highways Fund under the provisions of Chapter 3, Acts of 1917, entitled "An Act respecting Public Highways." Any or all taxes collected in respect to the operation of a motor carrier over and upon any Public Highway may in the discretion of the Provincial Highways Board be used and applied for the maintenance of such Public Highway.

voke for failure

31. Upon failure of any motor carrier to pay Board may resuch tax, the Secretary may notify the Board thereof to pay. and the Board in its discretion may revoke the certificate issued by it to such motor carrier.

for Certificate

and necessity.

32. No certificate of convenience and necessity Requirements shall be issued by the Board to any motor carrier of convenience until and after such motor carrier shall have complied with the following requirements:—

(a) shall have filed with the Board a liability insurance policy or bond satisfactory to the Board and in such amount as the Board may determine, which shall bind the obligors thereunder to make compensation for injuries to persons and loss of or damage to property which shall result from the operation of such motor carrier.

(b) shall have filed with the Board a good and sufficient bond satisfactory to the Board and in such amount as the Board may determine conditioned on the payment by such motor carrier of all taxes, fees or charges under this Act, and for the faithful performance by such motor carrier of any and all conditions contained in the certificate to be issued by the Board to such motor carrier.

be reported.

33. Every motor carrier shall report to the Accidents to Board in full detail within forty-eight hours after the happening thereof, any accident arising from or in connection with his operations under the certificate issued to him, and the Board may hold an investigation into any such accident if the Board may deems such investigation necessary.

Certificates, to be displayed.

or Merchandize

34. Every motor carrier shall attach to the sides of each motor vehicle operated under the certificate issued to him in such manner as to be plainly visible such distinctive marking or sign as the Board may require, and no motor carrier shall operate or have under his control or in his charge any motor vehicle on any public highway unless such distinctive marking or sign is attached thereto.

Bills of Lading 35. Every motor carrier operating a freight Receipt Forms. carrying motor vehicle shall use such form of Bill of

Rules for regu

lation and con

Lading or Merchandize Receipt as the Board shall approve. Such form of Bill of Lading or Merchandize Receipt shall contain such guarantee as the Board may deem reasonable and expedient.

36. The Board shall have power from time to trol of Carriers. tome to make, amend or repeal rules regulating and controlling motor carriers, and shall also have power from time to time to make, amend or repeal rules regulating and controlling motor vehicles operated on any public highway under any certificate issued by the Board to any motor carrier and also for the purpose of regulating and controlling the chauffeurs or drivers of such motor vehicles.

Investigations, may be heard

Member.

37. Any application, matter investigation or inby one Board quiry arising under this Act, if the Board so order, may be heard and determined and final order made by one member of the Board, and such order shall be deemed to be an order of the Board and shall have the same force and effect as an order made by the Board.

Certified Copy 38. Evidence of any rule, regulation or order dence in Legal made or issued by the Board under this Act may be

of Rules evi

Proceedings

given in any Court of Justice in Nova Scotia, and in all or any legal proceedings of any kind in Nova Scotia by the production of a copy of or extract from such rule, regulation or order purporting to be certified to be a true copy by the Clerk or Acting Clerk of the Board and purporting to be sealed with the seal of the Board without proof of the official character of the Clerk or Acting Clerk of the Board or of the signature of the Clerk or Acting Clerk of the Board or of the said seal.

be appointed.

39. If requested by the Board so to do, the Gover- Inspector may nor-in-Council may appoint a person to act as inspector under this Act, and may pay the person so appointed such salary out of the general revenue of the Province as the Governor-in-Council may determine. Such inspector shall perform such duties as the Board may determine.

supply all

Signs, etc.

40. All markings, signs, forms and printing re- Secretary to quired by the Board in carrying out its duties under Markings, this Act shall be supplied and performed by the Secretary and the cost thereof defrayed out of the general revenues of the Province.

Violation of

41. Any motor carrier who violates any of the Penalties for provisions of this Act or any order, rule or regulation Act. made by the Board under this Act, or who demands, collects or receives any greater compensation for any service performed by him than that set out and contained in the schedule of rates, tolls, fares or charges fixed and approved by the Board for services perfored by such motor carrier, shall be guilty of an offence against this Act, and shall be liable for the first offence to a penalty not exceeding twenty-five dollars; for the second offence to a penalty not less than twenty-five and not exceeding fifty dollars, and for the third offence or any subsequent offence to a penalty of not less than fifty dollars and not exceeding one hundred dollars, or to imprisonment not exceeding sixty days or to both penalty and imprisonment.

victions Act

Proviso.

42. The penalties and imprisonment prescribed Summary Confor offences against this Act shall be recovered or applies. enforced under the Nova Scotia Summary Convictions Act; provided, however, that where any pecuniary penalty either with or without imprisonment is prescribed for the violation of any of the provisions of this Act, such pecuniary penalty may in lieu of being recovered as aforesaid be recovered with costs by civil action or proceeding by and in the name of the Board in any Court having jurisdiction in cases of simple contract to the amount of the pecuniary penalty, but the imprisonment prescribed (if any) shall not be imposed or enforceable in such action; such action may be brought and prosecuted by the Board in its

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