TRANSPORT ACT

Hokitika Guardian, 26 July 1933, Page 2

TRANSPORT ACT

BREACH OP REGULATIONS

GREY-MOUTH, July 26,

At the Magistrate’s Court yesterday John James Kennedy was charged that, on May 19, at Gceymouth, together with John Kenneth Thompson, he used a passenger service vehicle, without a certificate of fitness having been used. - John Kenneth Thompson was charged that, together with John James Kennedy and o.hem, trading os Kennedy Rvos.. he used a passenger service vehicle without 'a certificate of fitness h ving been issued. It was agreed that the owners (Kennedy Bros.) were liable and not the driver, Thompson, who had pleaded guilty. Mr Clark said the offence was committed on the otccaision of the Oddfellows’ Ball at Blackball. Prior to that occasion Mr H. McGlasban had ap plied for and bad been granted a temporary license to run from Greymouth to Blackball and return, and he had advent:sed the service and the place and time of departure. When he arrived at his departing stand, ten minutes before his advertised time of departure, two of defendant’s cars were there. McGlasban had made provision to carry 51 passengers, and as a result of the opposition of Kennedy’s had to run hi,-, 'buses with only about half that number of passengers. He had advertised the service, so had had; to run it, even though it was run at I'a loss, It was clearly a case of piloting, and a case where the object tf / the Transport regulations to regulate passenger' services,' was defeated. The offence was treated very seriously by .the department and a fine of £IOO was .provided for, so he asked 'that, the Magistrate treat the matter similarly.

Mr Brosnan said tlio Inspector Bad coloured the facts .rather highly. There was no offence under .the Act, if passengers arranged for a taxi to take them to a function, and that the fact of the present matter. The cars were merely at the Post Office, .as it was a central meeting place for the passengers. All the tyxis there liad teen engaged, .and in fact two of them were filled. Tn the case, of the third c.yr, . 'four* df the people-Who had a.”tphgpd ftp; go;;’phoned ; the: garage T at 7.50 p.mi, that they could not go. and the driver drove along to the Post Office ,tp gee. if he mild ge; others to take their place, -though they were still liable fo r their fares. Old v four extra passengers were. carried. It was not a< 'case of pirating, as the driver had no intention of taking passengers away from MoOla-shnn. This; wfs the first occasion that Kennedy Bros, had been before the Court, -and this time they did foot know they were committing an offence. He asked that, the cense he treated a.s a test, and that a conviction without penalty he entered. The Magistrate said -as it was the ’first case of its kind in the district, ho would treat it .a.s a tost. Defendant (Kennedy) would be fined £2 with dosts 'los, and the charge against Thompson would he dismissed