BUS REGULATIONS

Evening Post, Volume CXII, Issue 53, 31 August 1926, Page 11

BUS REGULATIONS

REPORT OF COMMITTEE

PRESENTED TO PARLIAMENT

The report of the Select Committee set up to consider the motor-buss regulations was presented to tho House of Representatives this afternoon. Tho report of the Committee was as follows:

1. That in order to obviate certain legal difficulties and to simplify procedure, tho regulations as they stand be revoked and a statute be enacted dealing with tho matter, to come into force; forthwith.

2. T&at such statute should provide for the establishment of licensing districts as constituted by the regulations. 3. That power should be reserved for the Governor-General in Council to constitute new districts and alter existing districts.

4. That the statute should confer on motor-omnibus owners in business at the coming into force of the regulations and competing with tramway undertakings a right within a given time to require the delegated or public tramway authority to aequiro their undertaking and to pay, therefor tho value at the time of acquisition. In arriving at such value, goodwill should not be taken into account. The like power should bo conferred on a motor-omnibus proprietor licensed under the statute, whore a renewal of the license is subsequently refused on account of the municipal transport authority deciding to establish a service.

5. That the most convenient tribunal to assess such value if the same is not settled by agreement would be a Compensation Court constituted under the existing provisions of the Public "Works Act, save that a Magistrate's Court should have jurisdiction up to £2000. 6. That transport authorities requiring funds to complete .and purchase under the foregoing provisions should have full statutory power to make all necessary financial arrangements for this purpose.

7. That the following matters now provided for by the Order-in-Council of 6th May, 1926, should be provided for r>y Order-in-Council under powers conferred by the Statute:— (a) The appointment of licensing authorities and other matters mentioned in regulation 3. (b) The creation of a right of appeal in connection with the issue of licenses and the conditions attached thereto and other matters within the jurisdiction of a licensing authority. (c) The creation of transport appeal boards and the regulation of appeals. (d) Notice of accidents' to be given to the Minister, now provided for in regulation No. 11. (c) An additional motor omnibus fare for a licensed motor omnibus now provided for by, regulation No. 10.

(f) Motor omnibus licenses in accordance with regulation No. 5. (g) Condition of motor omnibuses in accordance with regulation No. 8. (h) For insuring against accident in accordance with regulation 9, subsections 1 and 2—sub-sections S to 13 to be referred to the Government for consideration. 8. That the Statute should confer on the licensing authority power to make bylaws or regulations for the following purposes:—The issue and terms of licenses, applications for licenses, and revocation of same as regards both vehicles and drivers, with power to impose licensing and inspection fees. 9. That in order to secure a measure of co-ordination, bylaws made should be subject to the condition of requiring Ministerial approval. 10. That the licensing authority should be under obligation to sco that adequate transport service, either by trams or motor-omnibus, is provided, and suggest that that if 10 per cent, of the inhabitants in any district desiring a service present a petition to the licensing authority requesting such authority to see that such service is supplied, then in default of the supply of ths service there should be an inquiry made as to the reasonableness of the application. The finding arrived at as the result of the inquiry should be given effect to. 11. That consideration should be given by the Government to the question of establishing a Metropolitan Board of Control for the Auckland district, the board to have power to take over tho tramway and bus undertaking of the City of Auckland at a price to be asseyed by some appointed authority, and power given to the Metropolitan Board to arrange the necessary finance and rating security over such metropolitan district.

12. That consideration should be given by the Government to the possibility that the institution of muni-cipally-owned omnibuses for privatelyowned omnibuses may result in depriving certain local bodies of part of their present share in motor-lorry license fees, and that if this is so the present right of such local bodies should be protected. The Chairman of the Committee (the Hon. E. P. Lee, Oamaru) said there was some complaint that the original drafting of the regulations was done at the instance, of the tramway proprietors. The Committee had attached very little attention to that because a conference had been called, and had been informed by the Prime Minister that he and the Government took the responsibility of drafting the regulations, which, in the Government's opinion, were necessary to meet the existing state of affairs. There was no existing statutory authority for the regulations, and the powers of the Board of Trade Act were invoked to bring them into force. It ■was questionable, and admitted by all those interested, whether there was power under the Board cf Trade Act to make the regulations. Therefore the Committee thought that to avoid leaving the question open to be made the subject of litigation and appeals, the reasonable thing was to view the position as from to-day and get statutory authority for what was to be done. He went on to refer to the reports which had been submitted to the Committee dealing with the conditions as they existed in other countries. Both in England and Australia there was legislation restricting the bus competition with the tramways. The tramways must not be jeopardised as over £6,000,000 of money was invested for which the people of the Dominion were respoD sible.

(Proceeding.)