TAXI OR SERVICE ?

Hokitika Guardian, 5 August 1932, Page 2

TAXI OR SERVICE ?

PRIVATE PARTY IN CAR. TRANSPORT TEST CASE. MASTERTON, August 2.

The first case in the Wairarapa to be' brought before a Court under the Transport Act 1931, came before Mr j. Miller, S.M.,- in the Masterton Magistrate’s Court on Saturday. Andrfenv. J.. Chapman, the holder’of a transport Hcerise, all tho ri/siirig Him to carry on a .’.passenger service betweeiri Mastlerfebii fiiid Carterton, was charged with breaches of the terms of his transpprt. lidcrifi'e. It was alleged that on a trip on the night of June 24 he failed to adheila to his time-table and was tfih; minutes late in leaving Masterton, and also that he used two cars on the same Trip, - whereas' hlj is entitled 'to use only one per trip, v-Defendant denied that His car was ten minutes late-in Heaving Masterton, but said it might have been three minuts'n. ' His defence in respect to tile alleged breach of-running two cars on the one trip was based on the exception Section 21 of the Act, which provides that a piasseuger service license is not required in the case of the car-riage-qf a private party on a special

occasion. ’.' v .’j ' , In. .his. evidence defendant said that on the night in question he had been approached. oh behalf, of a party of four people and asked to convey tlieih to the pictures at, Masterton and to take them bach to Carterton after the picturcis.'; He liield fi taxi license for both Mast rton and Oavtertcn in ndditioii .tA his'- passenger-seirvice license.

Counsel for informant submitted that hlie defence that the extra car was being used as a contract vehicle or, a 'tiijci on the* particular occasion xftfs forbidden' by Section 38 of the \ci • Hte fiilso' submitted that the ocas. stated by defendant, was not a ( ‘‘sp c;ei al ’ ’ ofoaskm. ■ After hearing some /legal argument oitelfe point, the Magistrate/ observed ilifit it would he rather startling to fin;j that such a tiling could be done. The main question was what constituted a special occasion. The matter, Ire said, was on’e for consideration, and lie •would reserve his decision..