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Variation of standard lorry weights and standard tractor weights.
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11.—(1) Where any person—
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(a) who is the licensee under a merchandise (existing carrier's) licence for whom there is a standard lorry weight, and
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(b) who claims that he is the owner of any lorry or lorries which complied with the appropriate conditions,
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applies to the Minister before the appointed day for a direction under this sub-section, the Minister may, if he is satisfied that such claim is well founded, direct that the standard lorry weight for such licensee shall be increased by such weight, not exceeding, in case such claim relates to one lorry only, the unladen weight of such lorry or, in case such claim relates to two or more lorries, the total unladen weights of such lorries, as he may fix, and, if such direction is so given, the standard lorry weight for such licensee for the purposes of the Principal Act shall be the original standard lorry weight as so increased.
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(2) Where any person—
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(a) who is the licensee under a merchandise (existing carrier's) licence for whom there is a standard tractor weight, and
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(b) who claims that he is the owner of any tractor or tractors which complied with the appropriate conditions,
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applies to the Minister before the appointed day for a direction under this sub-section, the Minister may, if he is satisfied that such claim is well founded, direct that the standard tractor weight for such licensee shall be increased by such weight, not exceeding, in case such claim relates to one tractor only, the unladen weight of such tractor or, in case such claim relates to two or more tractors, the total unladen weights of such tractors, as he may fix, and, if such direction is so given, the standard tractor weight for such licensee for the purposes of the Principal Act shall be the original standard tractor weight as so increased.
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(3) Where any person—
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(a) who is the licensee under a merchandise (existing carrier's) licence for whom there is no standard lorry weight, and
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(b) who claims that he is the owner of any lorry or lorries which complied with the appropriate conditions,
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applies to the Minister before the appointed day for a direction under this sub-section, the Minister may, if he is satisfied that such claim is well founded, direct that the standard lorry weight for such licensee for the purposes of the Principal Act shall be such weight, not exceeding, in case such claim relates to one lorry only, the unladen weight of such lorry or, in case such claim relates to two or more lorries, the total unladen weights of such lorries, as he may fix, and, if such direction is so given, the weight so fixed shall for the purposes of the Principal Act be the standard lorry weight for such licensee.
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(4) Where any person—
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(a) who is the licensee under a merchandise (existing carrier's) licence for whom there is no standard tractor weight, and
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(b) who claims that he is the owner of any tractor or tractors which complied with the appropriate conditions,
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applies to the Minister before the appointed day for a direction under this sub-section, the Minister may, if he is satisfied that such claim is well founded, direct that the standard tractor weight for such licensee for the purposes of the Principal Act shall be such weight, not exceeding, in case such claim relates to one tractor only, the unladen weight of such tractor or, in case such claim relates to two or more tractors, the total unladen weights of such tractors, as he may fix, and, if such direction is so given, the weight so fixed shall for the purposes of the Principal Act be the standard tractor weight for such licensee.
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(5) Whenever any person—
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(a) who is the licensee under a merchandise (existing carrier's) licence for whom there is a standard lorry weight, and
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(b) who claims that—
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(i) any lorry (in this sub-section referred to as the old lorry), the unladen weight of which was taken into account in determining such standard lorry weight, has become unserviceable and has been replaced by another lorry (in this sub-section referred to as the new lorry) the unladen weight of which exceeds the unladen weight of the old lorry, and
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(ii) the vehicle plate (if any) issued in respect of the old lorry has been surrendered at the vehicle plate issuing station at which it was issued,
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applies to the Minister for a direction under this sub-section, the Minister may, if he is satisfied that such claim is well founded and that the carrying capacity of the new lorry is substantially the same as that of the old lorry, direct that the standard lorry weight for such licensee shall be increased by a weight equal to the difference between the unladen weight of the new lorry and the unladen weight of the old lorry, and, if such direction is given the standard lorry weight for such licensee for the purposes of the Principal Act shall be the original standard lorry weight as so increased.
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(6) Whenever any person—
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(a) who is the licensee under a merchandise (existing carrier's) licence for whom there is a standard tractor weight, and
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(b) who claims that—
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(i) any tractor (in this sub-section referred to as the old tractor), the unladen weight of which was taken into account in determining such standard tractor weight, has become unserviceable and has been replaced by another tractor (in this sub-section referred to as the new tractor) the unladen weight of which exceeds the unladen weight of the old tractor, and
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(ii) the vehicle plate (if any) issued in respect of the old tractor has been surrendered at the vehicle plate issuing station at which it was issued,
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applies to the Minister for a direction under this sub-section, the Minister may, if he is satisfied that such claim is well founded and that the tractive capacity of the new tractor is substantially the same as that of the old tractor, direct that the standard tractor weight for such licensee shall be increased by a weight equal to the difference between the unladen weight of the new tractor and the unladen weight of the old tractor, and if such direction is given the standard tractor weight for such licensee for the purposes of the Principal Act shall be the original standard tractor weight as so increased.
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(7) A mechanically propelled vehicle, being a lorry or a tractor, the property of a licensee under a merchandise (existing carrier's) licence shall be deemed for the purposes of this section to comply with the appropriate conditions if such vehicle either—
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(a) complies with all the following conditions, that is to say:—
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(i) was the property of such licensee on the critical date specified in the application for such licence, and
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(ii) was not duly licensed on that date, and
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(iii) was duly licensed at any time during the twelve calendar months ending on the 1st day of July, 1932; or
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(b) complies with the following conditions, namely—
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(i) was ordered before the 8th day of February, 1933, and
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(ii) was delivered to the licensee before the 12th day of June, 1933.
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(8) Every application under any sub-section of this section shall be in writing, shall state fully the grounds on which the application is based, and shall give full particulars of the mechanically propelled vehicles to which the application relates, and shall be accompanied by the registration books relating to such vehicles.
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(9) Every person who makes an application under any sub-section of this section shall, when required by the Minister so to do, furnish to the Minister all such further information as the Minister may require for the consideration of such application.
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(10) The Minister may require any statement of fact made in any application under any sub-section of this section or made to the Minister in response to a request for further information under the immediately preceding sub-section to be verified by the statutory declaration of some person having personal knowledge of the fact so stated.
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(11) Whenever the Minister gives a direction under this section on the application of the licensee under a merchandise (existing carrier's) licence, the Minister shall make such amendments in such licence as may be necessary to give effect to such direction.
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