AN APPEAL

Hokitika Guardian, 8 October 1929, Page 6

AN APPEAL

BUS BY-LAWS QUASHED. (Bv Telegraph—Press Association). HAMILTON, Oct. 7. Justice Ostler, in a reserved judgment, delivered in writing to-day, quashed the Hamilton Borough by-laws which include, under the omnibus regulations, control of service cars having the terminal here. Under the bylaw are special structural requirements or omnibuses, which, it was claimed, are quite impracticable as applied to the type of service car. The Judge mentioned that thirty of such vehicles were registered at Hamilton. No prosecution had yet taken place for breaches of the by-law which was not complied with. This appeared to indicate that the Borough official? themselves realised it was unreasonable to enforce the by-law regulation! His Honour considered the public to be adequately protected if service car were licensed as motor' cabs, and suggstcd that an omnibus be defined as a motor designed to carry more than nine persons, including the driver, in which separate fares are charged for eacn seat.

Another important point related to limiting competition between private concerns on bus routes. The Judge remarked. that the Borough Inspector had admitted in one or two cases where the by-laws had been enforced that the object was not the good government ol the Borough, or public safety, but t< prevent competition between rival carriers. He had yet to learn that bor oughs had power to prevent such competition.